The Guiding Principles will likely be significantly influential not just as a source of soft law principles at the international level, but as a basis for the evolution of common understanding of appropriate standards of corporate behavior for the development of social norms and eventually changes to the form of the domestic legal orders of states. It will be inevitable that as the Guidelines move toward approval, all major stakeholders in the process will seek to mold the Guidelines to suit their interests. See, e.g., Stefan Marculewicz, U.N. Special Representative's Final Guiding Principles on Business and Human Rights: Policy Implications for Employers, Global Employment Law, March 29, 2011 ("We also believe these Guiding Principles, if not addressed proactively by companies, may create an opportunity for advocacy organizations (such as issue-specific non-governmental organizations and labor unions) to seek to define the parameters of the Guiding Principles on their own terms. "). In order to better understand the Guidelines, it may be useful to examine the context in which the Guiding Principles were developed and the development of the Guiding Principles from draft (in November 2010, the "DP" or "Draft Principles") to final form GP (March 2011) from a more neutral perspective.
For this purpose I have provided my own thoughts about that context and development that I will develop in a series of posting, divided along the conceptual lines within which the Guiding Principles were framed.
That analysis is divided into several parts:
Part I: From Conception to Principle—The development of the Protect-Respect-Remedy Framework and the Drafting of the Guiding Principles (April 24, 2011);
Part II. The Draft Guiding Principles: Section by Section Analysis (April 30, 2011);
Part III. Justification and Legitimacy in the Introduction to the Guiding Principles Implementing the UN "Protect, Respect and Remedy" Framework.
Part IV. Section By Section Analysis, From Draft to Final Principles: Overall Structure and Capstone Principles.
Part V. Section By Section Analysis: The State Duty to Protect Principles.
Part VI. Section By Section Analysis: The Corporate Responsibility to Respect.
Part VII. Section By Section Analysis: The Obligation to Remedy.
Part VIII. The General Principles: A Preliminary Assessment.
This posting begins the analysis of the Guiding Principles by reviewing the development and concepts that were developed in the "Protect, Respect, and Remedy" framework that serves as the foundation to the Guiding Principles.
The full analysis will be published as Backer, Larry Catá, From Institutional Misalignment to Socially Sustainable Governance: The Guiding Principles for the Implementation of the United Nation’s 'Protect, Respect and Remedy' and the Construction of Inter-Systemic Global Governance (September 5, 2011). Pacific McGeorge Global Business & Development Law Journal, 2011 and can be accessed here.
|The UN's top expert on business and human rights, Harvard Professor John Ruggie. Thursday 17 April 2009, European Parliament, Brussels.|