Transcending the Binary: Linking Hard and Soft Law Through a UNGPS-Based Framework Convention

Claire Methven O'Brien

doi:10.1017/aju.2020.36

Transcending the Binary: Linking Hard and Soft Law Through a UNGPS-Based Framework Convention

Claire Methven O'Brien (Lead / Corresponding author)

Dundee Law School

Research output: Contribution to journal › Article › peer-review

13 Citations (Scopus)

139 Downloads (Pure)

Abstract

Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date

Original language	English
Pages (from-to)	186-191
Number of pages	6
Journal	American Journal of International Law
Volume	114
Early online date	22 Jun 2020
DOIs	https://doi.org/10.1017/aju.2020.36
Publication status	Published - 2020

ASJC Scopus subject areas

Law

Access to Document

10.1017/aju.2020.36Licence: CC BY

Final Published VersionFinal published version, 109 KBLicence: CC BY

Cite this

@article{b9b429b8c315444e948f04618bbe2891,

title = "Transcending the Binary: Linking Hard and Soft Law Through a UNGPS-Based Framework Convention",

abstract = "Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date",

author = "\{Methven O'Brien\}, Claire",

year = "2020",

doi = "10.1017/aju.2020.36",

language = "English",

volume = "114",

pages = "186--191",

journal = "American Journal of International Law",

issn = "0002-9300",

publisher = "Cambridge University Press",

}

TY - JOUR

T1 - Transcending the Binary

T2 - Linking Hard and Soft Law Through a UNGPS-Based Framework Convention

AU - Methven O'Brien, Claire

PY - 2020

Y1 - 2020

N2 - Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date

AB - Achieving respect for human rights by businesses requires not making the “right” choice between hard and soft law but establishing an architecture to sustain a constructive dialectic between the two. This essay argues that a business and human rights treaty modelled as a framework convention and centered initially on the UN Guiding Principles (UNGPs) offers such a structure while avoiding the shortcomings of treaty proposals advanced to date

UR - https://www.scopus.com/pages/publications/85087656453

U2 - 10.1017/aju.2020.36

DO - 10.1017/aju.2020.36

M3 - Article

SN - 0002-9300

VL - 114

SP - 186

EP - 191

JO - American Journal of International Law

JF - American Journal of International Law

ER -

Transcending the Binary: Linking Hard and Soft Law Through a UNGPS-Based Framework Convention

Abstract

ASJC Scopus subject areas

Access to Document

Other files and links

Fingerprint

Cite this