The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises:" What Changed From the Zero Draft--A Side by Side Comparison

The Coalition for Peace and Ethics BHR Treaty Project is considering Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities Corporations and Other Business Enterprises," released on 16 July 2019 by the open-ended intergovernmental working group (OEIGWG) Chairmanship. The CPE Introduction Statement can be accessed here: The New Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities of Corporations and Other Business Enterprises" And a Call to Submit Comments Before October 2019.

In our initial post we noted the potential utility of comparing this new draft to the original Zero Draft that garnered so much attention last year.  This post includes a side by side comparison of the Draft of the "Legally Binding Instrument and the original Zero Draft.

One comment--the drafters of these documents have not made it easy.  There is a lot of symbolism in the ease with which a document is made accessible to those from whom engagement is sought.  The harder it is to engage deeply, the more likely that underlying the engagement is the notion that such depth of analysis is not necessary.  That, in turn, suggests the sort of elite project that this effort could not possibly have meant to convey.  These notions were strong motivators for CPE to seek to provide a FAST side by side comparison for those unable to invest the time or who might nt have the tech resources to do this for themselves.  CPE will prepare and distribute a downloadable version soon.

PLEASE NOTE THAT THE IMAGES APPEAR SMALL ON THE SCREEN BUT THEY MAY BE ENLARGED.  ALTERNATIVELY THE SIDE BY SIDE PROVIDES A MEANS FOR THOSE WITH COPIES OF BOTH VERSIONS TO PRODUCE ALTERNATIVES SOLUTIONS.

 Zero Draft                                  Draft Legally Binding Instrument

TABLE OF CONTENTS:

    

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PREAMBLE:

   

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STATEMENT OF PURPOSE

 

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SCOPE

  

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DEFINITIONS

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JURISDICTION

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STATUTE OF LIMITATIONS

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APPLICABLE LAW

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RIGHTS OF VICTIMS

  

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PREVENTION 

 

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LEGAL LIABILITY

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MUTUAL LEGAL ASSISTANCE





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INTERNATIONAL COOPERATION

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CONSISTENCY WITH INTERNATIONAL LAW

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 INSTITUTIONAL ARRANGEMENTS

 

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IMPLEMENTATION

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DEPOSITORY

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SIGNATURE

 

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 ENTRY INTO FORCE

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RESERVATIONS/DENUNCIATIONS

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AMENDMENTS

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SETTLEMENT OF DISPUTES

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RELATION WITH PROTOCOLS