The Human Rights Responsibility of Corporations – the Limits of Soft Law and why a Treaty Is Needed

Abstract

This contribution addresses the nexus of business and human rights and the question whether the 2011 United Nations Guiding Principles on Business and Human Rights (UNGP), a soft law instrument, is sufficient to protect victims of corporate human rights abuses. It first defines the regulatory gap between national legislation and transnationally operating business enterprises and details what the current human rights law framework has to say on the issue, focusing on the shortcomings of the UNGP. The contribution then turns to the current negotiations on a legally binding instrument. It details two changes in the content of the draft treaty, that made its adoption more likely: the omission of direct legal liability of corporations and the expansion of the scope. Finally, the author addresses the advantages of a binding treaty.