A legally-binding instrument on business and human rights: Implications for the right to development in Africa

Abstract

This article examines the relationship between business actors and the implementation of the right to development in Africa. It focuses on the implications of a possible (future) international legally-binding instrument on business and human rights. Although there is no guarantee that such an instrument will eventually be adopted and ratified by states in the near future, the article nevertheless critically examines ways in which the clarification of some issues associated with this process could help revitalise the implementation of the right to development in Africa. It concludes that a legally-binding instrument on business and human rights might elucidate certain contested human rights principles such as international cooperation and assistance; extraterritoriality and accountability, which are central to a meaningful implementation of the right to development on the continent.