1 UN Document A/HRC/8/5 (“2008 Report”). Unless otherwise indicated, all subsequent references to resolutions and reports are to UN documents.
4 Commission Resolution 2005/69.
5 See A/HRC/8/5/Add.l for a summary of my research on the UN human rights treaties and UN Treaty Body commentaries as they relate to business.
6 Under other areas of international law, corporate acts may be directly attributed to states in some circumstances; for example, where a state exercises such close control that the company is its mere agent.
7 E.g. CERD/C/USA/CO/6 (2008), ¶ 30; Cescr General Comment 19 (2008), ¶ 54.
9 A/HRC/8/5/Add.2; E/CN.4/2006/97, ¶¶ 24-30.
10 Several core international and regional human rights treaties provide for these elements; where they do not there has been some useful commentary from human rights bodies.
15 Final Statement by UK National Contact Point for the OECD Guidelines for Multinational Enterprises: Afrimex (UK) Ltd., Aug. 28, 2008, ¶¶ 41, 64, 77, available at <http://www.berr.gov.uk/files/file47555.doc>.
* Affiliated Professor in International Legal Studies at Harvard Law School; and United Nations Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises.
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