Image based on a picture by pine watt on Unsplash, edited by K. Schwartze.

Call for Contributions: Framing Business and Human Rights?

A Deep Dive into a New Regulatory Proposal

15.12.2021

Business and human rights (BHR), as an emerging field of modern law and legal research, is at an inflection point. On the one hand, its most prominent set of norms, the 2011 UN Guiding Principles on Business and Human Rights (UNGPs), are widely accepted by leading institutions worldwide and recognised as having contributed to progress in this field. On the other hand, with a focus on remediating transnational corporate human rights abuses, governments and CSOs are currently drafting a treaty within an Open-Ended Intergovernmental Working Group (OEIGWG).

Confounding the dichotomy of hard and soft law approaches to BHR, the Biden Administration recently expressed openness to alternative routes in the field, explicitly mentioning “a legally binding framework agreement” that would build on the UNGPs. Framework agreements are a type of treaty, that establish key objectives and a system of governance, but leave details to be determined in the future by an agreed-on mechanism. Perceived by some as a distraction from existing efforts to create a binding treaty in the field, others regard the proposal for a framework agreement as offering a promising and realistic route.

In April 2022, Völkerrechtsblog and World Comparative Law (WCL) will host a blog Symposium as an opportunity for a curious examination of this new approach to regulating business in the field of human rights. This symposium aims to explore its potentials, challenges, benefits, and downsides. By inviting contributions from a variety of fields and backgrounds, the symposium hopes to open the debate to a wider public and enable States to make sound choices, informed by a broad range of perspectives.

We are particularly interested in contributions that explore one or more of the following:

  • Analysing the proposal: What would be the potentials, challenges, benefits, and downsides associated with a framework-style BHR agreement? Could a framework agreement have advantages over the treaty scheme envisaged by the current OEIGWG process? What are the pitfalls to avoid when drafting a framework-style BHR agreement? How would it have to be designed to contribute to protecting human rights most effectively?
  • Situating the proposal within exiting international law: What would be the relationship between the three parallel initiatives, the UNGPs, the treaty scheme proposal of the OEIGWG and a new framework agreement? Can they coexist in fruitful interaction? Or can they undermine each other? How does the framework agreement approach relate to broader discussions regarding the legitimacy and effectiveness of Multistakeholderism vs. Multilateralism? Are there lessons to be learned from existing framework agreements, such as the 1992 UN Framework Convention on Climate Change, the 1977 CoE Framework Convention for the Protection of National Minorities or the 2003 WHO Framework Convention on Tobacco Control?
  • Confronting the proposal with critical international legal studies: Would any of these three parallel initiatives be particularly sensitive to existing interdependencies and entanglements between the “North” and “South” or “host” and “home” states? How could the rights and interests of vulnerable or marginalised groups be best taken into account in this field?

We invite you to send us your blogposts for a blog symposium to be published on Völkerrechtsblog. Selected contributions may also be developed into full articles for a special issue of the journal World Comparative Law (WCL).

Process and timeline for the online Symposium on Völkerrechtsblog:

  • Deadline for the submission of 100-words abstracts: 15 January 2022
  • Selected authors will be notified by 1 February 2022
  • Deadline for the submission of the selected Blogposts: 1 March 2022
  • Form of blogposts: 1000-1500 words, see directions for authors.
  • Editorial process: double-blind review and editing by the editorial team
  • Publication: on Völkerrechtsblog in April 2022

Process and timeline for the special issue of World Comparative Law (WCL):

  • Selected authors will be invited to develop their blogposts into journal articles for a special issue of World Comparative Law. Manuscripts of up to 10.000 words will be due on 1 July 2022.
  • After peer review, the selected articles will be published either in issue 03/22 or 04/22 of World Comparative Law.

Address for submission: editorial-team@voelkerrechtsblog.org

We are looking forward to reading your thoughts on a framework agreement in Business and Human Rights!

Autor/in
Claire Methven O'Brien

Claire Methven O´Brien is a Baxter Fellow and Lecturer in Law at the University of Dundee. She further works as a Chief Adviser and Senior Researcher at the Danish Institute for Human Rights, and an Honorary Lecturer in the School of Management at the University of St. Andrews.

Profil anzeigen
Michael Riegner

Michael Riegner is assistant professor of international law and global administrative law at Erfurt University in Germany.

Profil anzeigen
Justine Batura

Justine Batura is a Research Assistant in International Law and a Law Clerk (‚Rechtsreferendarin‘) at the Higher Court Berlin. She is an editor at Völkerrechtsblog.

Profil anzeigen
Anna Sophia Tiedeke

Anna Sophia is a Junior Researcher at the Leibniz-Institute for Media Research | Hans-Bredow-Institute and PhD candidate at the Humboldt University in Berlin. She is an editor at Völkerrechtsblog.

Profil anzeigen
Artikel drucken

Schreibe einen Kommentar

Deine E-Mail-Adresse wird nicht veröffentlicht.

Deinen Beitrag einreichen
Wir begrüßen Beiträge zu allen Themen des Völkerrechts und des Völkerrechtsdenkens. Du kannst uns Deinen Text zusenden oder Dich mit einer Voranfrage an uns wenden:
Abonniere den Blog
Abonniere den Blog um regelmäßig über neue Beiträge informiert zu werden, indem Du Deine E-Mail-Adresse in das unten stehende Feld einträgst.