"But the WG missed more than that. The WG failed to grasp the opportunity to become the source of the highest and most credible and consistent interpretation of the UNGPs applied in context. That failure to take on a quasi-judicial role, not unlike that of the European Court of Justice in interpreting the application of European Law, in form and effect, though not binding in fact, has significantly diminished the importance of the WG’s work and might well imperil the dynamic element of the UNGPs. The UN Development Program (UNDP) remains a framework in search of a jurisprudence. It’s most significant value lies in its application to concrete disputes among the critical stakeholders to the UNGP – states, business, and individuals on whose behalf civil society plays a decisive role. The principles of the UNDP can only be reified – made concrete – through the dynamic evolution and deepening of the “law” of the UNGPs’ consistent application through a bottom up, case-by-case basis. And this, from the perspective of both static and dynamic evolution of the UNGPs, is fundamental – both for the WG and for those civil society elements that can play a crucial role in bringing such actions and thus adding muscle to the third pillar. To this end an interpretive facility is imperative. There is no evolution of the UNDP without a substantial body of application in which the UNGPs are manifested in the actions of its three stakeholders. . . The binding effect of the determinations of any interpretive facility is less important than the project of producing these interpretations consistently and in the context of disputes actively contested among states, enterprises, and civil society actors before the UNGPs neutral interpreters." (Larry Catá Backer, "From Guiding Principles to Interpretive Organizations: Developing a Framework for Applying the UNGPs to Disputes that Institutionalizes the Advocacy Role of Civil Society," in Business and Human Rights: Beyond the End of the Beginning 97-110 (César Rodríguez Garavito, ed., Cambridge University Press, 2017) .
Public consultation open: Draft Hague Rules on Business and Human Rights Arbitration
I am very pleased to present you with the draft text of The Hague Rules on Business and Human Rights Arbitration. The public consultation is open to anybody with an interest to respond and to be involved.
On behalf of the Drafting Team, we therefore kindly ask you to share the attached document with those within your network. The text of the draft rule, as well as background documents, are also available online from the project website: https://www.cilc.nl/project/the-hague-rules-on-business-and-human-rights-arbitration/.
To participate in the consultation process, you are requested to provide input in the document itself by means of comment boxes per article. In order to allow the Drafting Team to digest what we hope will be a large number of comments in time for the publication of the Rules on 10 December, the consultation will close on 25 August 2019. You are encouraged to offer both general reactions and article-by-article comments to any or all draft text. Please send your saved PDF form with your comments to the following email address: email@example.com
Thank you in advance for your interest in and contribution to our work.