Abstract

The present article revolves around the analysis of the most recent developments occurred in the aftermath of the work undertaken by the UN Special Representative of the Secretary-General, Professor John Ruggie, with special emphasis on the human rights violations committed by transnational corporations (TNCs). After providing appropriate background information on the process culminated in the adoption of the so-called Guiding Principles, it will investigate whether any of the trends stemming from their implementation in the American hemisphere may stimulate developments that have the potential to go beyond the regional extent. More precisely, by looking at the experience recorded in an area where human rights violations perpetrated by influential non-state actors take place relatively often, the article will explore the pivotal role that the two main organs of the Inter-American Human Rights system are playing in the field of business and human rights. This will provide an analytical framework under which pondering the complex legal issues raised by the regulation of TNCs’ conduct, with a focus on those requiring States’ intervention on an extraterritorial basis, as well as those entailing the imposition of direct obligations on private actors at the international level. This analysis will ultimately serve as a basis for identifying the main weaknesses of the architecture devised by Professor Ruggie while assessing the innovativeness of the latest UN initiatives adopted in the field at a time when an international legally binding instrument is being negotiated.