The Emerging UN Business and Human Rights Treaty and Its Codification of International Norms

The 2019 and 2020 versions of the draft Business and Human Rights Treaty (BHR Treaty) signal a move away from soft law and self-regulation for multinational corporations (MNCs) and entities engaged in transnational business activities. There is some resistance to the treaty from industrialized states, although they have failed to tackle root causes of extra-territorial human rights abuses by MNCs under their control. While the BHR treaty does not absolve states of their primary responsibility as human rights duty bearers, it does however establish a triangular relationship requiring that MNCs observe strict due diligence requirements, as well as provide remedies to victims of human rights violations and abuses caused directly or indirectly by them. The state is compelled to facilitate and enforce corporate due diligence as well as extensive access to justice for victims, including through the provision of legal aid, physical security, effective jurisdiction, corporate and personal sanctions, and even mutual legal assistance.