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25 Oct 2017

Treaty Alliance Germany

Toward global Regulation on Human Rights and Business- Position paper of the Treaty Alliance Germany on the UN treaty process on transnational corporations and other business enterprises

Trade and investment protection agreements facilitate business enterprises' access to markets and raw materials, and protect investor interests with enforceable rights. Although human rights are a cornerstone of international law, so far there are only voluntary guidelines to safeguard them within the activities of global enterprises. This needs to change; human rights need a mandatory commitment. [The] "UN treaty process"... offers the chance for binding international regulation of global business...

The signatory organizations...welcome this initiative and call for a treaty that:

- compels states to legally obligate its corporations to respect human rights, including within their extraterritorial activities, subsidiaries, and supply chains;

- grants effective legal protection to affected parties, also at the courts of the companies’ home states;

- regulates how states co-operate in transnational cases to hold business enterprises to account;

- determines that the obligations of the treaty on business and human rights have primacy over the obligations of trade and investment protection agreements;

- provides for a committee of independent experts to receive state reports on the progress of the implementation of the treaty and review individual complaints against states;

- initiates a process to create an international human rights court at which affected parties can bring legal action against transnational corporations over human rights abuses...


[Also refers to Cheveron, Danzer Group, KiK, Siforco]