Abstract
Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date.
Highlights
Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two
This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date
Positions taken around the business and human rights treaty initiative[1] are often characterized as cleaving along the lines of conventional binaries
Summary
TRANSCENDING THE BINARY: LINKING HARD AND SOFT LAW THROUGH A UNGPS-BASED FRAMEWORK CONVENTION. Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date
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