Regulating transnational corporations at the United Nations–the negotiations of a treaty on business and human rights

Abstract

The United Nations is the arena for a renewed push to regulate transnational corporations (TNCs) and their supply chains. This article analyses the ongoing efforts of a multilateral organization to strengthen the human rights legal framework, especially the design choices posed by the treaty negotiations as well as the role of the UN Human Rights Council in the broader regulatory ecosystem around TNCs. Is there complementarity or conflict among on-going initiatives to regulate TNCs? Is there continuity or fracture in the successive waves of UN attempts to legalize TNC responsibilities? The analytical lenses are human rights due diligence with an emphasis on root causes, which is a gateway for exploring more systemic interventions. Thus, deeper causes of harm identifiable in global supply chains operations are identified and systematically compared to see how public and private norm-setters take them into account or downplay them. For this purpose, the article draws on treaty drafts and reports from the UN Intergovernmental Working Group and materials from four other areas: responsible business conduct, due diligence laws, the UN Guiding Principles, and the UN’s earlier efforts at TNC regulation.