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Fixing meanings in global governance? "Respect" and "Protect" in the UN guiding principles on business and human rights

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journal contribution
posted on 2023-06-09, 18:29 authored by David KarpDavid Karp
This article uses snapshots, rather than the ongoing flows of diffusion/contestation typically emphasized by constructivists, to explore the exercise of power through normative change. Its case is a high-profile Human Rights Council initiative: the UN Guiding Principles on Business and Human Rights (UNGP?s). These UNGP?s have successfully presented meanings as fixed while actually stretching those meanings’ boundaries. They reconceptualize what it means to “respect” and “protect” human rights. This is surprising given that the principles were framed as a conservative exercise at clarification, and under-noticed due to the legal rather than conceptual focus of the existing critical literature. To respect human rights, according to the UNGP?s, agents need to take costly positive action. Furthermore, protect obligations come before respect. These are significant innovations. On the other hand, two missed opportunities of the UNGP?s are their thin harm-based foundation for respect obligations, and their state centrism about who has duties to protect.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Global Governance: A Review of Multilateralism and International Organizations

ISSN

1942-6720

Publisher

Brill

Issue

4

Volume

26

Page range

628-649

Department affiliated with

  • International Relations Publications

Research groups affiliated with

  • Centre for Advanced International Theory Publications
  • Sussex Rights and Justice Research Centre Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2019-07-23

First Open Access (FOA) Date

2020-11-16

First Compliant Deposit (FCD) Date

2019-07-22

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