Transcending the Binary: Linking Hard and Soft Law Through a UNGPS-Based Framework Convention
Year: 2020
Type: article
Abstract: Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date.
Source: AJIL Unbound
DOI: 10.1017/aju.2020.36
Author: Claire Methven O'Brien
Institutions: University of Dundee, Danish Institute for Human Rights
Language: English
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W3036157389
