UN Intergovt. Working Group on proposed treaty releases elements for draft instrument for negotiations

Author: Chairmanship of UN open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, Published on: 2 October 2017

"Elements for a draft legally binding instrument on transnational corporations and other business enterprises with respect to human rights", 29 Sep 2017

…[T]he aim of this proposal is to reflect the inputs provided by States and other relevant stakeholders in the framework of the referred sessions, dedicated to conducting constructive deliberations on the content, scope, nature and form of the future international instrument, as well as during the intersessional period. This document should be considered as a basis for substantive negotiations to elaborate the instrument to regulate, in international human rights law, the activities of transnational corporations (TNCs) and other business enterprises (OBEs)…

…[B]ased on the deliberations of the first two sessions, this proposal considers that the objective scope of the future legally binding instrument should cover all human rights violations or abuses resulting from the activities of TNCs and OBEs that have a transnational character, regardless of the mode of creation, control, ownership, size or structure…

…States must take all necessary action, including the adoption of legislative and other necessary measures to regulate the legal liability of TNCs and OBEs in administrative, civil and criminal fields…

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