24 Indiana Journal of Global Legal Studies 43 (2017)
This Article takes a human rights law perspective on the issue of enforcing corporate social responsibility. While corporations receive a variety of rights under international law, they do not equally hold a corresponding set of duties. The Article assesses the merits and shortcomings of existing initiatives to bridge this gap, in particular the Special Representative to the Secretary-General's (legally nonbinding) Framework and Guiding Principles, as well as the most recent initiative at the United Nations Human Rights Council on developing a (legally binding) treaty on business and human rights. While emphasizing that existing legal frameworks-such as human rights law, international criminal law, and international investment law-do not suffice to close this loophole (of corporations being rights bearing but not rights bound), the Article remains equally skeptical about the prospects for a new legally binding treaty. Even if such a treaty were realized, it remains largely unclear how and by which bodies such a treaty would be enforced toward corporations. The authors suggest concentrating efforts on improving the enforceability of existing standards under the Framework and Guiding Principles rather than striving for a new treaty, and to do so on the international, but even more on the national, level.
Theilbörger, Pierre and Ackermann, Tobias
"A Treaty on Enforcing Human Rights Against Business: Closing the Loophole or Getting Stuck in a Loop?,"
Indiana Journal of Global Legal Studies: Vol. 24
, Article 3.
Available at: https://www.repository.law.indiana.edu/ijgls/vol24/iss1/3
Available for download on Tuesday, February 01, 2022