Blurred Lines: From International to Domestic and Viceversa in the Field of Human Rights and Business

Abstract

 International human rights law works in a bi-directional way: a top-down approach whereby treaties establish obligations for States, while a bottom-up approach contributes to make repeated practice of those (or similar) standards a legal obligation. The polarized field of business and human rights may benefit from following this double approach: the establishment of treaty obligations for States and corporations, if achieved, will be only sufficient if it is accompanied by a bottom-up approach that reinforces the belief that corporations have human rights responsibilities. The development of State practice based on the UN Guiding Principles on Business and Human Rights is the most important aspect that needs to be addressed to ensure the effective protection of human rights.