La efectividad de las instituciones y el liderazgo del director.

The U.N. GC is not the only U.N. initiative that targets businesses.156 In 2003, the U.N. Human Rights Commission also created the Norms on Transnational Corporations and Other Business Enterprises (the Norms).157 The Norms imposed on TNCs a requirement to secure, ensure the respect of, and to “protect human rights recognized in international [and] national law”, obligations traditionally required of nation states.158 This ultimately led to a clash between the business/private sector, who strongly opposed the Norms, and human rights advocacy groups, who strongly endorsed them.159 Consequently, the Norms, and their divisive nature, were quickly rejected. Following in 2005, John Ruggie was appointed as the Special Representative to the

155 _{John Ruggie, February 2006: Interim Report of the SRSG on the Issue of Human Rights and Transnational}

Corporations and Other Business Enterprises,UN Doc E/CN4/2006/97 at ¶ 1,online: Business and Human Rights Resource Center, <http://www.business-

humanrights.org/SpecialRepPortal/Home/ReportstoUNHumanRightsCouncil> (Accessed August 15, 2013). [2006 Report]; Report of the Special Representative of the Secretary-General on the issue of human rights and

transnational corporations and other business enterprises, John Ruggie, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, A/HRC/17/31 (2011). [Endorsed Guiding Principles].

156 _{About the GC, supra note 130 at “Core UN Agencies”. The U.N. GC is supported by 7 core UN agencies,}

including the “Office of the High Commissioner for Human Rights”. It was the old Commission on Human Rights (U.N. CHR), in 2003, which proposed the Norms. The U.N. CHR was replaced by the U.N. Human Rights Council (U.N. HRC) on March 15, 2006. See BBC News, “UN creates new human rights body”, BBC News (15 March 2006) online: BBC.co.uk <http://news.bbc.co.uk/2/hi/europe/4810538.stm> (Accessed December 13, 2013). The old U.N. CHR appointed John Ruggie as the SRSG.

157 _{ECOSOC Sub-Commission, Norms on the Responsibilities of Transnational Corporations and Other Business}

Enterprises with Regard to Human Rights, UN Doc E/CN.4/Sub.2/2003/12/Rev2, online: UNHCHR <http://www.unhchr.ch/huridocda/huridoca.nsf/0/64155e7e8141b38cc1256d63002c55e8?OpenDocument> (Accessed August 15, 2013); Larry Cata Backer, “Multinational Corporations, Transnational Law: The United Nations’ Norms on the Responsibilities of Transnational Corporations as a Harbinger of Corporate Social Responsibility in International Law” (2006) 37:2 Columbia Human Rights Law Review 102 at 104; 2006 Report, supra note 155 at ¶ 55-61; Promotion and Protection of Human Rights: Interim Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, UNCHR, 62nd Sess, UN Doc E/CH 4/2006/97 (22 February 2006) at 6.

158

Endorsed Guiding Principles, supra note 155 at ¶ 3; UN Sub-Commission on the Promotion and Protection of Hunan Rights, Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, ESC August 2008, UNESCOR, 2008, E/CN4/Sub2/2003/12/Rev2 available at

<http://www.refworld.org/docid/403f46ec4.html> (Accessed November 25, 2013).

159

The rejection of imposing human rights duties on corporations traditionally viewed as part of the state’s duty is one perspective, and the perspective of John Ruggie. See Global Policy Forum and Miseror, “Problematic Pragmatism: The Ruggie Report 2008: Background, Analysis and Perspectives” (June 2008), online: wdev.eu <http://www.wdev.eu/downloads/martensstrohscheidt.pdf> at 2, 4. (Accessed February 25, 2014); There is a perspective that contests Ruggie’s view of the Norms. See Surya Deva and David Bilchitz, Human Rights Obligations of Business: Beyond the Corporate Responsibility to Respect? (Cambridge: Cambridge University Press, 2013).

U.N. Secretary-General (now the former SRSG) “on the issue of human rights and [TNCs] and other business enterprises” to address and make recommendations regarding operations of the growing TNC sector in developing countries and its impact on human rights.160 In 2008, the former SRSG developed the Protect, Respect, and Remedy Framework (the U.N. Framework).161 This Framework consists of the state duty to protect human rights abuses by third parties (the state duty to protect); the corporate responsibility to respect human rights; and the access to remedy for violations of human rights.162 Unanimously adopted by the Human Rights Council, the U.N. Framework has been described as providing “the authoritative focal point” missing at the international level.163 In 2011, the Guiding Principles on Business and Human Rights for Implementing the U.N. Protect, Respect, and Remedy Framework (the Guiding Principles) were released for the purpose of “operationalizing” the U.N. Framework, which was endorsed in June 2011 by the U.N. Human Rights Council.

The significance of the U.N. Framework and the Guiding Principles is that they distinguish the duty and role of states from that of TNCs, and provide normative and legal reinforcement for the potential of SR as a means of TNC regulation. This helps promote polycentric governance, focusing on communication and suggesting a mixture of mandatory and voluntary as well as global and domestic measures.164 For example the discussion below outlines that a) the U.N. Framework and the Guiding Principles includes flexibility for the state in putting into practice a SR requirement through appropriate policies and regulations; b) that state enforced SR, through corporate and securities laws, offers a useful tool in risk assessment, and promotes the inclusion of stakeholders; and lastly, c) that SR is reinforced by corporate or business due diligence

160

2006 Report, supra note 155 at ¶ 1; John Ruggie, April 2008: Protect, Respect and Remedy: a Framework for Business and Human Rights (2008 Report),A/HRC/8/5 at ¶ 2, ¶ 17, online: SRSG Portal, <http://www.business- humanrights.org/SpecialRepPortal/Home/ReportstoUNHumanRightsCouncil> (Accessed August 15, 2013). [2008 Report]

161

2008 Report, supra note 160 at 5-6.

162_{Ibid at 7-9.}

163 _{Endorsed Guiding Principles, supra note 155 at ¶ 5. The Human rights Council adopted the framework in its 8/7}

resolution; John Ruggie, Guiding Principles Draft for the Implementation of the United Nations ‘Protect, Respect and Remedy’ Framework, at ¶ 10, online: SRSG Portal, <http://www.reports-and-materials.org/Ruggie-UN-draft- Guiding-Principles-22-Nov-2010.pdf> (Accessed August 15, 2013). [Draft Guiding Principles].

processes, which like SR look to influence corporate decision-making and subsequent corporate actions.