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23 Nov 2017

Carlos Lopez

Struggling to take off?: The 2nd session of intergovernmental negotiations on a treaty on business & human rights

"Struggling to Take Off?: The Second Session of Intergovernmental Negotiations on a Treaty on Business and Human Rights," 14 June 2017

...The second session of the Open-Ended Working Group on the elaboration of a legally binding instrument on Transnational Corporations and other business enterprises with respect to human rights (OEIGWG) was mandated by Resolution 26/9 of the Human Rights Council...met in Geneva on 24–28 October 2017. According to the Resolution 26/9 the first two sessions were to be dedicated to constructive deliberationson the content, scope, nature and formof the future legally binding instrument... The meeting...was generally well attended by a growing number of states and an impressive and growing group of diverse civil society organizations, failed, however, in breaking through key political impasses in the ongoing negotiations. 

... [F]ew of the most salient and recurring debates throughout the session: (1) the interface of the binding instrument with trade and investment agreements, (2) extraterritorial obligations and jurisdiction, and (3) whether a treaty would be compatible with the UNGPs...