Static overview of sources of norms in the business and human rights normative universe

Chapter Six maps the sources of norms whose breach can give rise to hybrid responsibility. In most cases of business-related human rights abuses, it will be possible to identify a treaty or customary human rights norm opposable to the state to which the relevant act or omission is attributable. By contrast, at the international level, corporate conduct is shaped predominantly by soft law instruments, most notably the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. The business and human rights normative universe is thus marked by both quantitative and qualitative dominance of soft law: quantitatively, because such instruments vastly outnumber binding ones; and qualitatively, because they often display greater specificity and operational detail. These features make them particularly influential in guiding corporate behavior. The chapter also considers the role of domestic laws, regulations, and private initiatives which, when aligned with soft law standards, can enhance their legitimacy and contribute to their development of secondary normative effects. Nevertheless, it emphasizes that, under international law, responsibility can only arise from the breach of a binding international norm – non-compliance with soft law is insufficient for its triggering.