Vol. 1 No. 1 (2016)
Regular articles

A binding instrument on Business and Human Rights: some thoughts for an effective next step in international law, Business and Human Rights

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Bonita Meyersfeld
University of the Witwatersrand | Joanesburgo, África do Sul
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Published 2016-11-30

Keywords

  • Human Rights,
  • Business,
  • United Nations Guiding Principles on Business and Human Rights,
  • Multinational Corporations

How to Cite

Meyersfeld, B. (2016). A binding instrument on Business and Human Rights: some thoughts for an effective next step in international law, Business and Human Rights. Homa Publica - Revista Internacional De Derechos Humanos Y Empresas, 1(1), e:001. Retrieved from https://periodicos.ufjf.br/index.php/HOMA/article/view/30420
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Abstract

The search for a tool to compel corporate accountability for human rights violations is longstanding. The adoption of the UN Human Rights Council Resolution on the elaboration of a binding instrument and the establishment of an intergovernmental working group represents the latest stage in the evolution of attempts to regulate multinational corporations. The move to develop a binding instrument on business and human rights is divisive. As such, it requires a thorough analysis, both of its proposed content but also of the outcome we could hope to achieve through such an instrument. This article analyses the proposed creation and content of a binding instrument as well as the conceptualisation and implementation of a binding instrument.

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References

DAVITTI Daria, ”Refining the Protect, Respect and Remedy Framework for Business and Human Rights and its Guiding Principles”, Human Rights Law Review (2016): 1–21

DE SCHUTTER, Olivier, “Towards a New Treaty on Business and Human Rights”, Business and Human Rights Journal 1 (2016): 47.

HAMANN, Ralph, “Corporate Social Responsibility, Partnerships and Institutional Change: The Case of Mining Companies in South Africa” Natural Resources Forum 28 (2004):278.

MEYERSFELD Bonita, Domestic Violence and International Law (Oxford: Hart Publishing, 2010).

MEYERSFELD, Bonita, “Institutional Investment and the Protection of Human Rights: A Regional Proposal” in Globalisation and Governance, ed. Laurance Boulle (South Africa: SyberInk, 2011), 174.

MEYERSFELD, Bonita, “Empty Promises and the Myth of Mining: Does Mining Lead to Pro-Poor Development?” Business and Human Rights Journal, forthcoming.

MUROMBO, Tumai, “Regulating Mining in South Africa and Zimbabwe: Communities, the Environment and Perpetual Exploitation” Law, Environment and Development Journal 9/1 (2013):31.

OWEN, John R. and KEMP, Deanna, “Social License and Mining: A Critical Perspective” Resources Policy 38 (2013): 30.

SORELL, Tom, ”Project Financing in Developing Countries, New Corporate Social Responsibility, Human Rights, and Multinational Corporations” (2008) 5 Essex Human Rights Review 5/1 (2008): 2.