Realizing a legally binding instrument on business and human rights: Lessons from drafting global human rights treaties

The international framework on corporate responsibility evolves around the formally nonbinding UN Guiding Principles on Business and Human Rights of 2011 (UNGPs). A UN intergovernmental working group has been discussing and negotiating a legally binding instrument (LBI) on business and human rights for 10 years, but has yet to reach a consensus. Learning from the drafting experiences of other international human rights treaties contributes to an understanding of the challenges and opportunities of the current process surrounding the LBI. This article analyzes substantive and procedural elements in the negotiations of these treaties such as building on international consensus enshrined in nonbinding declarations, aligning treaties with domestic policy preferences, and including affected rightsholders and civil society organizations in the negotiations. The article applies these findings to the negotiating process and contents of the LBI to identify pathways toward realizing a treaty on business and human rights.