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Article

11 Dec 2019

Author:
Larry Catá Backer

Reflections on the 8th U.N. Forum on Business and Human Rights--Part II

[The] drive toward the legalization of the 2nd Pillar corporate responsibility actually produces a new sort of imperial system with human rights at its center and a confederation of [...] states which formed the family of "civilized nations" as they were constituted in 1900 again appear take a leading position...

Here, at last, one might expect to see fulfilled the objectives that these states [...] had sought for a long time. That would be a regulatory structure driven by the law of the most powerful states and enforced through their judicial structures, now serving the higher cause of [...] international human rights.

Yet, rather than returning power to the human rights imperial cartel states, it has the effect of dissipating that authority.  States, effectively incapable of actually managing human rights through law, transform the role of law as a constituting element of legal orders that are actually delegated to enterprises (or better put delegated to the global production chains). As a consequence, the state itself disappears within the logic of the structures of its own approach to law into the vast data driven compliance machinery that the vanguard states have been furiously constructing (with the complicity of the largest enterprises) over the last generation...