Conceptualizing corporate accountability in international law: models for a business and human rights treaty

This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and...

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Bibliographic Details
Main Author: Bernaz, Nadia 1978- (Author)
Format: Electronic Article
Language:English
Published: 2021
In: Human rights review
Year: 2021, Volume: 22, Issue: 1, Pages: 45-64
Online Access: Presumably Free Access
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Keywords:
Universal declaration of human rights
UN Guiding Principles on Business and Human Rights
corporate accountability
Treaty
business and human rights
Description
Summary:This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights (BHR) treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different options and possible trade-offs between them, while taking into account political realities. Ultimately, the article argues in favour of the BHR treaty embracing a progressive model of corporate accountability, which combines ambitious development of international law with realistic prospects of state support.
ISSN:1874-6306
DOI:10.1007/s12142-020-00606-w