A Public International Law Outlook on Business and Human Rights

Abstract

The relationship between corporations and human rights has long been in the eye of international law. As the nature and reach of corporate actors make them impervious targets for domestic regulation, international law has become increasingly concerned with the adverse impact of business activities on human rights and the environment. This article critically examines the major existing international regulatory initiatives on business and human rights from the lens of public international law. First, we will explore the major challenges faced by international law in addressing corporate activities. Second, the core non-binding instruments adopted in the past decades will be examined, highlighting the progressive incorporation of some of their key standards in domestic legislation. Third, the increasingly relevant role of some of the business and human rights standards in domestic and international litigation will be examined. Fourth, we will look at the path towards a treaty on business and human rights. The argument will be made that although binding regulation is not a panacea for the multifaceted problem of corporate human rights liability it can provide a useful tool to harmonize domestic legislation and to give teeth to the existing non-binding instruments.