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Can you contrast the UN Guiding Principles' approach towards governing business' respect for human rights with the approach taken on the internationally binding instrument?

Question

Can you contrast the UN Guiding Principles' approach towards governing business' respect for human rights with the approach taken on the internationally binding instrument?

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Solution

Sure, I can contrast the two approaches.

  1. The UN Guiding Principles: This approach is based on three pillars: the state duty to protect human rights, the corporate responsibility to respect human rights, and access to remedy for victims of business-related abuses. It is a voluntary framework and does not legally bind businesses to respect human rights. However, it does provide a global standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity.

  2. The Internationally Binding Instrument: This approach is based on creating a legally binding treaty to regulate the activities of transnational corporations and other business enterprises. It aims to fill the gaps left by the voluntary nature of the UN Guiding Principles. The treaty would legally bind businesses to respect human rights and could potentially include enforcement mechanisms and sanctions for non-compliance.

In contrast, while the UN Guiding Principles provide a framework and guidelines, they do not have the power to enforce these principles or sanction non-compliance. The internationally binding instrument, on the other hand, aims to have the legal power to enforce compliance and sanction non-compliance. However, the development and implementation of such a treaty is a complex and lengthy process, and it is still under negotiation.

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There are ten principles of the UN Global Compact that serve as guidelines for international firms doing business in the least developed countries.Which of the following is one of these principles?a.)Ensure companies are not complicit in human rights abuses.b.)Avoid child labor if it violates the laws of the foreign country.c.)Avoid extortion and bribery unless it supports the common good.d.)Prevent collective bargaining unless the foreign country requires it.

Eclaration of Human Rights and Environment was drafted by the United Nations atQuestion 4Answera.Switzerlandb.Francec.Brazild.South Africa

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