"Human rights and business: the treaty question", May 2015

Special Adviser Claire Methven O’Brien’s doctoral thesis, “Human rights and transnational corporations: For a multi-level governance approach”...sets out to answer a question now enjoying a high diplomatic profile: should states conclude an international treaty to prevent and remedy business-related human rights abuses? In 2014, opposing groups of states in the UN Human Rights Council adopted two different resolutions on business and human rights. One, promoted by Ecuador and South Africa, launched negotiations for an international treaty to combat human rights abuses by transnational corporations, including by establishing legal remedies for victims, enforceable across national boundaries...[T]he other, supported by the European Union and the United States governments, amongst others, reaffirmed support for the UN’s current “voluntary” approach on the same issues. While states, business and civil society remain deeply divided over which approach should be adopted, this research will seek to dive beneath the political debate to examine the underlying theoretical dilemmas it poses for human rights law. Specifically, the book will focus on the concept of governance... social theory, regulation theory and international relations...