Within the still-emerging field of business and human rights (‘BHR’), the question of whether a treaty is required in order meaningfully to address BHR ‘governance gaps’[1] is one that is attracting renewed advocacy, commentary and diplomatic activity. By contrast, when the United Nations (‘UN’) Guiding Principles on Business and Human Rights (‘UNGPs’) were first adopted in 2011, the balance of opinion amongst duty-bearers appears to have been that this issue should be set aside. [2]
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(2017) 40(3) UNSWLJ 1223: https://doi.org/10.53637/NWLN3879
- John Ruggie, Just Business: Multinational Corporations and Human Rights (W W Norton, 2013) xxiii; see generally John Ruggie, Promotion and Protection of Human Rights: Interim Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, UN Doc E/CN.4/2006/97 (22 February 2006) 4–9 [9]–[30] (‘Interim Report’).
- John Ruggie, Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises: Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework, UN Doc A/HRC/17/31 (21 March 2011) (‘Ruggie Report’) annex, adopted by the Human Rights Council: Human Rights and Transnational Corporations and Other Business Enterprises, HRC Res 17/4, UN GAOR, 17th sess, 33rd mtg, Agenda Item 3, UN Doc A/HRC/RES/17/4 (6 July 2011, adopted 16 June 2011) (‘Guiding Principles Resolution’). See also John Ruggie, ‘Treaty Road Not Travelled’ [2008] (May) Ethical Corporation 42.