mid-15c., "action of stopping an event or practice," from Middle French prévention and directly from Late Latin praeventionem (nominative praeventio) "action of anticipating," noun of action from past-participle stem of praevenire (see prevent).
The second, the elephant in the room that is Article 5, is the UN Guiding Principles for Business and Human Rights, whose human Rights Due Diligence forms the core of § 2, and whose focus on prevention and mitigation infuses the rest. And yet. . . .and yet. . . neither reference nor connection is to be found in Article 5. The DLBI is not the first instrument that borrows form the UNGP. Indeed, that honor might well go to the OECD's Guidelines for Multinational Organizations--but there the connection was positive and transparent. States have begun to use some or all of the concepts around human rights due diligence, and its 2nd Pillar related concepts of prevention, mitigation and transparency in their own CSR law making. In February 2019, for example, the German Federal Ministry for Economic Cooperation and Development was reported to have drafted a law on mandatory human rights due diligence for German companies and their supply chains (here). The issue is not one of vanity. It is one of interpretation and of regulatory coherence. Here the problem of interpretation is acute--especially for an instrument that purports to be law not policy or framework. A court faced with the obvious would have to decide--is Article 5 written (a) against the UNGP; (2) in a way that is meant to incorporate only some of its terms; (3) to draw on the UNGP for interpretation and gap filling; or (4) without reference to the UNGP, its rich history and its interpretive baselines?
1. State Parties shall regulate effectively the activities of business enterprises within their territory or jurisdiction. For this purpose States shall ensure that their domestic legislation requires all persons conducting business activities, including those of a transnational character, in their territory or jurisdiction, to respect human rights and prevent human rights violations or abuses.