Proposing a Relative Enforcement Mechanism for the Treaty on Business and Human Rights

Muhammad Asif Khan

doi:10.35994/rhr.v8i1.210

Authors

Muhammad Asif Khan National University of Science and Technology https://orcid.org/0000-0002-2005-3228

DOI:

https://doi.org/10.35994/rhr.v8i1.210

Keywords:

Human Rights; Business and Human Rights; Draft Treaty on Business and Human Rights; Human Rights Treaty Bodies, Treaty Enforcement.

Abstract

An Intergovernmental Working Group is established by the Human Rights Council to adopt a treaty on Business and Human Rights. According to the draft treaty the enforcement mechanism relies on a treaty body working through a reporting-based mechanism. In this article the enforcement mechanism of the treaty is analysed through the progressive model of accountability presented by Gupta and Van Asselt. It also takes further the analysis based on the progressive model by Nadia Bernaz of the enforceability measures adopted within the treaty. The enforceability of the treaty is further discussed in this article and a relative enforcement mechanism is proposed. The proposal includes structural changes within the treaty body and inclusion of the role of non-state entities for more efficient enforcement.

Author Biography

Muhammad Asif Khan, National University of Science and Technology

Muhammad Asif Khan is an Associate Professor at the Department of Law, School of Social Sciences and Humanities, National University of Science and Technology (NUST), Islamabad. He has a Doctoral Degree (PHD) in Public International Law from the University of Salzburg, Austria. His dissertation topic was “Adjusting Business Entities in a Globalised World: The Concept of an International Treaty Regulating Transnational Corporations against Violations of International Law”. He also has a master’s degree (LLM) in Public International Law from the University of Liverpool (UK). His scholarly interests range widely from the questions of justiciability of human rights, specifically in the context of Business and Human Rights, to the upcoming challenges in the International Humanitarian Laws. He has numerous publications in national and international journals on various topics of Public International Law including the laws of armed conflicts, and business and human rights. He is also member of the Governance Committee of the forum on teaching business and human rights (teachBHR).