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6 Notre Dame J. Int'l Comp. L. 1 (2016)

handle is hein.journals/ndjicl6 and id is 1 raw text is: White Paper: Options For a Treaty on Business and Human Rightst Douglass Cassellt and Anita RamasastryS A Introduction..................... . . . . . . . . . 3 B Background and Context . . . . . . . . . . . . . . . . . . . . . . 3 B.1 UN Mandate of John Ruggie on Business and Human Rights ....... ............................ 4 B.2 UN Framework on Business and Human Rights: Protect, Respect, Remedy............... . . . . . . . . 5 B.3 UN Guiding Principles on Business and Human Rights 8 B.4 Debate Over a Treaty on Business and Human Rights . 9 B.5 Continued Implementation of UN Guiding Principles . 13 C Existing International Legal Obligations of Business with Respect to Human Rights........ ... ........ . . . . . . . 14 D Treaty Options. ..................... . . . . . . 17 D.1 National Action Treaties............ . . . . . . 19 D.1.1 Business Reporting . . . . . . . . . . . . . . . . 19 D.2 National Planning . . . . . . . . . . . . . . . . . . . . . 20 D.3 Business Implementation of Guiding Principles . . . . . . 21 D.4 Framework Treaty. .................. . . . 24 D.5 National Criminalization and International Cooperation 25 D.6 National Prevention, Sanctions and International Coop- eration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 D.7 National Civil Remedies . . . . . . . . . . . . . . . . . . 28 t Prepared for the American Bar Association, Center for Human Rights, and The Law So- ciety of England and Wales. This paper was co-commissioned by the American Bar Association (ABA) Center for Human Rights and the Law Society of England and Wales. The ABA is a non- governmental, voluntary bar association with nearly 400,000 members globally. The Law Society is the independent professional body for the more than 160,000 solicitors in England and Wales. Views expressed in this paper are strictly those of the authors and not necessarily those of the ABA or its Center for Human Rights, or of the Law Society. The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the ABA and, accordingly, should not be construed as representing the policy of the ABA. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This paper is intended for educational and informational purposes only. t Professor of Law, University of Notre Dame Law School; Lawyers' Committee for Civil Rights Under Law, Board of Directors 5 Roland L. Hjorth Endowed Professor of Law, University of Washington School of Law; Di- rector, Graduate Program in Sustainable International Development, University of Washington 1

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