Law and Diplomacy in the Business and Human Rights Treaty Negotiations

The business and human rights treaty negotiations taking place in the Human Rights Council since 2015 show the complex interactions between law and diplomacy in relation to a particularly sensitive topic: regulating economic activities under international human rights law. Two important elements are at play within the negotiation: on the one hand, the legal perspectives and complexities of addressing in an international instrument two very distinct goals –prevention and remedy–; on the other hand, the difficult diplomatic task of achieving (legal) progress while maintaining State support for the regulatory project. In that regard, diplomacy has been essential to broaden the scope of the debate while leaving room to find common ground on important questions that are still disputed under international law.