...Inconsistent and inadequate regulatory approaches within and across national and regional legal systems continue to expose individuals and communities to human rights abuses, and often undermine the ability to access effective remedies. Corporate operations with a "transnational character" (TNCs) pose especially difficult regulatory challenges due to their cross-border operations and presence in several jurisdictions, and therefore represent the largest corporate accountability gap in the international human rights legal framework...

...A principle justification for establishing new international human rights instruments is to address gaps in the human rights system and to provide clarity to each State on their obligations for realizing human rights – the same is the case for the binding instrument...

...If the Treaty addresses only some business enterprises, and not those registered and/or operating in only one State (including State-owned enterprises), this would leave gaps in the human rights system, and maintain inconsistencies in the way each State forms and implements laws to regulate TNC-OBE [Other Business Enterprises]...