Developing a Business and Human Rights Treaty

Lessons from the Deep Seabed Mining Regime Under the United Nations Convention on the Law of the Sea

Bibliographic Data

ID13019486
AuthorsNadia Bernaz (0000-0002-2558-6445, corresponding author), Irene Pietropaoli (0000-0003-3822-7748)
Year2020
Volume5
Issue2
Pages200-220
Publication date2020-05-18
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueBusiness and Human Rights Journal (JOURNAL)
Journal identifiersISSN: 2057-0198 • E-ISSN: 2057-0201
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/bhj.2020.7
OpenAlexW3027368762
LanguageEN
Citations received6
References cited16

This article delves into the deep seabed mining regime under the United Nations Convention on the Law of the Sea (UNCLOS) with a view to inform the negotiating process of the proposed business and human rights (BHR) treaty. It highlights points of convergence and divergence between the two regulatory regimes and explores how the BHR treaty negotiations could draw from the deep seabed mining regime with regard to the responsibility and liability of states and corporations. In particular, it suggests that a BHR treaty could incorporate some of the arrangements of UNCLOS to address state obligations and direct corporate human rights obligations, both of a general and specific nature, including the obligation to carry out human rights due diligence. The article also proposes a mechanism of responsibility and liability of states and corporations under the future BHR treaty going beyond UNCLOS and embracing residual liability for home and/or host states

Business · Due diligence · Economics · Human rights · International law · International trade · Law and economics · Law of the sea · Liability · Obligation · Political science · Public international law · Treaty · United Nations Convention on the Law of the Sea · Corporate Law and Human Rights · Environmental law and policy · International Law and Human Rights · Law

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