Departmental Bulletin Paper A Fourth Element concerning the Three-Pillar Structured “Protect, Respect and Remedy” Framework

Umeda, Toru  ,  Toru, Umeda

This paper, outlining and examining the structure of the “ Protect, Respect and Remedy” Framework, a UN platform to address the issue of business and human rights, aims to show that the three-pillar structured Framework lacks the base of authority that would allow a State or a business enterprise, the actors in a Framework context, to regard it as an authoritative source. The paper further points out that international or global policy concerns, which seem essential to help realize the Framework’ s goal of narrowing and bridging the governance gaps created by globalization, are sacrificed by the three-pillar structure. In addition, there may be elements which fail to be reflected in it because of the adoption of three-pillar structure. In order to overcome these deficiencies, the author proposes that a fourth element be conceived in the context of or an understanding about the Framework. This fourth element involves what could be called an international regime of ‘business and human rights’. Without the development of such a regime, the goal of the Framework toward bridging the governance gaps will not be realized, and even if the goal were to be realized to a certain extent, such a regime should be formed or emerge to the same extent. In sum, the Framework needs to be followed by or complemented by the development of an international regime encompassing the normative content and a sanctions system if it wishes to achieve its goal.

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