Abstract
This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights (BHR) treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different options and possible trade-offs between them, while taking into account political realities. Ultimately, the article argues in favour of the BHR treaty embracing a progressive model of corporate accountability, which combines ambitious development of international law with realistic prospects of state support.
Highlights
In 2014, following a proposal by Ecuador and South Africa, the UN Human Rights Council established an open-ended intergovernmental working group with the mandate to “elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”
The very adoption of a business and human rights (BHR) treaty, irrespective of contents, would strengthen corporate accountability and would be a step forward compared with the UNGPs, which are only recommendatory in nature
The Universal Declaration of Human Rights (UDHR) model rests on relatively solid ground because it benefits from the status of the UDHR at least as a symbolic instrument in the international political landscape, and arguably as customary international law
Summary
In 2014, following a proposal by Ecuador and South Africa, the UN Human Rights Council established an open-ended intergovernmental working group with the mandate to “elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”. N. Bernaz have been published: Elements for the draft legally binding instrument on transnational corporations and other business enterprises with respect to human rights in 2017, the Zero Draft in 2018, the Draft Treaty in 2019, and the Second Revised Draft Treaty in 2020. The very idea of a business and human rights (BHR) treaty has led to numerous debates about whether it is feasible (Bilchitz 2016; De Schutter 2016; McConnell 2017), timely (Ruggie 2014; Leader 2017), or even a positive development from the perspective of victims of corporate human rights abuse (Ruggie 2014; Simons 2017)
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