The Necessity for a Business and Human Rights Treaty
Bibliographic Data
| ID | 13019481 |
|---|---|
| Authors | David Bilchitz (0000-0001-6195-675X, corresponding author) |
| Year | 2016 |
| Volume | 1 |
| Issue | 2 |
| Pages | 203-227 |
| Publication date | 2016-05-02 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Business and Human Rights Journal (JOURNAL) |
| Journal identifiers | ISSN: 2057-0198 • E-ISSN: 2057-0201 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/bhj.2016.13 |
| OpenAlex | W3126092294 |
| Language | EN |
| Citations received | 20 |
| References cited | 38 |
In June 2014, the Human Rights Council passed a resolution establishing an inter-governmental working group to discuss a legally binding instrument relating to transnational corporations and other business enterprises. In this article, I outline four arguments for why such an instrument is desirable. Identifying the purpose of such a treaty is crucial in outlining a vision of what it should seek to achieve and in determining its content. The arguments indicate that a treaty is necessary to provide legal solutions to cure serious lacunae and ambiguities in the current framework of international law which have a serious negative impact upon the rights of individuals affected by corporate activities. The emphasis throughout is upon why a binding legal instrument is important, as opposed to softer forms of regulation such as the United Nations Guiding Principles on Business and Human Rights. The four arguments in turn provide the resources to respond to objections raised against the treaty and to reject an alternative, more restrictive proposal for a treaty that only addresses ‘gross’ human rights violations
Business · Human rights · Law and economics · Political science · Resolution (logic · Sociology · Treaty · Computer Science · Corporate Law and Human Rights · Environmental law and policy · International Law and Human Rights · Law
The Role of Non-Governmental Organizations in the Business and Human Rights Treaty Negotiations
Expanding and Contracting the UN Guiding Principles
Decolonising human rights
The Best of Both Worlds or the Worst of Both Worlds? Multilateral Development Banks, Immunities and Accountability to Rights-Holders
Not fit for purpose
Realizing a legally binding instrument on business and human rights
Tim Bartley, Rules without Rights – Land, Labor and Private Authority in the Global Economy (Oxford
The Elephant in the Room’
The Commitment Curve
Modern Slavery in Global Supply Chains
Conceptualizing Corporate Accountability in International Law
Business and Human Rights
Corporate Social Responsibility Versus Business and Human Rights
Civil society challenges the global food system
Grappling with injustice
Don’t forget the Geneva Conventions
Implementing Human Rights Due Diligence Through Corporate Civil Liability
Corporate Social Irresponsibility, an Elastic Wall, and a Fragile State
Business and Human Rights Scholarship in Social Issues in Management
Developing a Business and Human Rights Treaty
On the Expressive Function of Law
Responsibility and Global Justice
Towards Justice and Virtue
Responsibility and Global Justice
The Concept of Human Dignity in Human Rights Discourse
Poverty and Fundamental Rights
Multinational Corporations and Global Justice
Human Rights and Capitalism
Corporations and the Limits of State-Based Models for Protecting Fundamental Rights in International Law
Towards a New Treaty on Business and Human Rights
Extending International Criminal Law beyond the Individual to Corporations and Armed Opposition Groups
Hierarchy in International Law
Do Corporations Have Positive Fundamental Rights Obligations
Some Reflections on the Relationship of Treaties and Soft Law
International law in a divided world
Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights
Normative Hierarchy in International Law
Drafting the International Criminal Court Treaty
Elements of a Theory of Human Rights
Human rights obligations of business
Patents and medicines
| Unique citing works | 20 |
|---|---|
| Citations per year | 1,82 |
| Citation span | 2015 - 2026 (12) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 20 |