"The "Elements for the draft legally binding instrument on transnational corporations and other business enterprises with respect to human rights": A Comment", 23 Oct 2017

...The "Elements" presented for consideration by the thrid session of the OEIGWG (23-27 October 2017) provide an excellent basis for discussion. They are informed by recent developments in international human rights law, and on a sound diagnosis about the obstacles victims face in transnational human rights cases, as well as, more generally, about the sources of the impunity of corporate entities that operate across different national jurisdictions. The "Elements" should be clarified, however, in a number of areas. The most difficult issue concerns the scope of application they define for the future instrument to be adopted, and how the definition of the scope of application shall allow to identify the corporations on which States parties to that instrument shall impose certain reporting requirements, or requirements to adopt human rights due diligence plans...