Building a Treaty on Business and Human Rights: Context and Contours

Human Rights

Building a Treaty on Business and Human Rights: Context and Contours

Edited by Surya Deva · David Bilchitz
Cambridge University Press December 2018

Specifications

ISBN-13
9781316648582
Publisher
Cambridge University Press
Publication
December 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses.

In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations.

This book will appeal to those interested in the fields of corporate social responsibility and business and human rights.

Table of Contents

Introduction: putting flesh on the bone: what should a business and human rights treaty look like? David Bilchitz

Part I. Need for an International Treaty in a Historical Context:
1. Lessons from the UN Centre on transnational corporations for the current treaty initiative Khalil Hamdani and Lorraine Ruffing
2. The value-added of a treaty to regulate transnational corporations and other business enterprises: moving forward strategically Penelope Simons
3. Coherence, mutual assurance the rationale for a treaty Sheldon Leader

Part II. Principles and Politics Shaping the Treaty's Contours:
4. Principle and pragmatism in the elaboration of a comprehensive treaty on business and human rights Larry Cata Backer
5. The need for a treaty: expectations on counter-hegemony and the role of civil society Daniel Mauricio de Aragao and Manoela Carneiro Roland
6. Scope of the proposed business and human rights treaty: navigating through normativity, law and politics Surya Deva

Part III. Nature and Extent of Corporate Human Rights Obligations:
7. Corporate obligations and a treaty on business and human rights: a constitutional law model? David Bilchitz
8. Human rights, responsibilities, and due diligence: key issues for a treaty Robert McCorquodale and Lise Smit
9. Human rights and global supply chains: is effective supply chain accountability possible? Justine Nolan
10. Legalizing human rights due diligence and the separation of entities principle Radu Mares

Part IV. Role of States in Enforcing Human Rights Obligations:
11. Human rights legal liability for business enterprises: the role of an international treaty Carlos Lopez
12. Regulatory obligations in a complex world: States' extraterritorial obligations related to business and human rights Sigrun Skogly
13. The impact of a business and human rights treaty on investment law and arbitration Peter Muchlinski

Part V. Improving Access to Remedies for Victims:
14. Access to remedy: treaty talk and the terms of a new accountability accord Erika George and Lisa J. Laplante
15. Making remedies work: envisioning a treaty-based system of effective remedies Beth Stephens
16. The potential role of criminal law in a business and human rights treaty Shane Darcy

Conclusion: connecting the dots: how to capitalise on the current high tide for a business and human rights treaty Surya Deva.
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