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3 Perth ILJ 96 (2018)
Doing Business Right: The Case for a Business and Human Rights Treaty

handle is hein.journals/pilj3 and id is 96 raw text is: Giorgia Papalia DOING BUSINESS RIGHT: THE CASE FOR A BUSINESS AND HUMAN RIGHTS TREATY GIORGIA PAPALIA* In recent years, there has been significant debate around the needfor a Business and Human Rights Treaty under international law. However in 2018, a 'zero draft' of the treaty was issued by the Working Group on Business and Human Rights, which suggests that the arguments in favour of a treaty are gaining support. Arguments for such a treaty have centered around the non-binding status of the instruments that currently form the international framework in this area, and the need for a treaty to address the gaps that this framework contains. While arguments against have focused on the dfficulty of enacting a treaty in this area, and the perceived inappropriateness of doing so. After considering both sides of the debate, this article argues that the case for a business and human rights treaty is stronger than the case against it, and that a treaty would make an important contribution in the effort to address corporate human rights abuses. I INTRODUCTION The roles and responsibilities of business in relation to protecting and promoting human rights have been subject to significant discussion over the past few decades.' While the need for regulation and accountability in business practices has been agreed upon, the form that such regulation should take has been subject to debate; many advocate that voluntary initiatives are sufficient,2 others argue that a binding instrument is needed to effectively address the issue of corporate human rights abuses.3 The culmination of this debate was the adoption of a resolution by the Human Rights Council in 2013 to explore the possibility of a treaty on business and human rights,' and the issuance of a 'zero draft' treaty by the Working Group on Business and Human Giorgia Papalia is a Juris Doctor student at UWA. Aurora Voiculescu and Helen Yanacopulos, 'Human Rights in business contexts: An Overview' in Aurora Voiculescu and Helen Yanacopulos (eds), The Business ofHuman Rights: An Evolving Agenda for Corporate Responsibility (Zed Books, 2011) 1. 2 Graham Markiewicz, 'The Logical Next Step: Motivations on the Formation of a Business and Human Rights Treaty' (2017) 26 Minnesota Journal ofInternational Law 63, 72; Ruggie, John, A UN Business and Human Rights Treaty? (Issue Brief, Harvard Kennedy School, 2014) 3. 3 Olivier De Schutter, 'Towards a New Treaty on Business and Human Rights,' (2016) 1 Business and Human Rights Journal 41, 43; David Bilchitz, 'The Necessity for a Business and Human Rights Treaty,' (2016) 1 Business and Human Rights Journal 203, 212. 4 Elaboration ofan International Legally Binding Instrument on Transnational Corporations and Other Busi- ness Enterprises with Respect to Human Rights, 26th sess, A/HRC Res. 26/9 (26 June 2014), para 9. (2018) 3 Perth International Law Journal 96

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