Legal challenges for the European Union concerning an international treaty on business and human rights

Abstract

Human rights violations perpetrated by business enterprises are a reality that has been topic of international law and human rights bodies for considerable period of time. Over the years, proposals and instruments of various character were contemplated to regulate corporate conduct. All have been subject of intense scrutiny and became contentious points between states involved in the negotiations. The only document ever adopted by consensus within the United Nations were Guiding Principles on Business and Human Rights, adopted as non-binding rules. However, the attempts to produce an international treaty never ceased and are currently debated, with considerable participation of the EU. The aim of this paper is to analyse progress in the developing framework of business relations to human rights, consider the EU involvement, and determine whether the EU can further advance the standards of protection, especially whether it has competence to conclude the potential future agreement on business and human rights, and what approaches are feasible for the EU to implement such agreement into its legal order.