The second day of the Third Session of the Intergovernmental Working Group (OEIGWG)…saw the real kick-off of substantive discussions on the elements of a future Treaty…

Some [delegates], including the EU and Russia, reiterated their reservations with the overall process at every possible occasion. Some other delegates, such as Indonesia, spoke in their personal capacity due to the lack of an official position from their governments. These signals can be read as showing that the room is not yet ready for in-depth meaningful discussions on the content of a future treaty…

Discussions on the first item arouse around two main issues, namely extraterritoriality and the provisions on the supremacy of human rights over trade and investment agreements…

The next item addressed was the key issue: the scope of the treaty in terms of companies covered. The topic still causes disagreement among States and civil society…

[The last issue] was on…the possibility and desirability of the Treaty imposing direct international obligations for companies. Opinions range from directly questioning the legal grounds for this within the current state of international law, to wondering about the practical enforcement of such obligations…