CIDSE welcomes the elements for the international legally-binding instrument on transnational corporations and other business enterprises with respect to human rights...highlights some main points which we support and others to be strengthened or deepened.

...The scope of application based on the “transnational character” of the activities of the enterprise, regardless of the mode of creation, control, ownership, size or structure, is formulated in a constructive way...How this approach would work in practice would need to be further elaborated and defined... 

...State measures should [be] in line with their extraterritorial obligations...

...We encourage States to refer even more explicitly and systematically to the concept of human rights due diligence...[to ]cover...any other business relationships throughout the whole value chain...

...Access to Justice – Addressing the existing barriers...This should apply to all companies within the scope of the Treaty and to all cases of abuse...We welcome the reversal of the burden of proof in the context of huge power and resource asymmetries between corporations and affected communities. The protection of human rights defenders is also essential...

...Ensuring the primacy of human rights in trade & investment policies...We have proposed concrete wording for a clause establishing the primacy of human rights obligations in the Treaty...

...Enforcement mechanisms...[will be important at]both national and international levels, which can help to reinforce national judicial systems...[P]otential international judicial mechanisms such as an international court among the options is positive, while requiring more work.