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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


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