Operationalizing the UN Guiding Principles on Business and Human Rights. Polish and Italian Steps to Adopt National Action Plan

Abstract

This paper focuses on the practical methods of the operationalization of the UNGP on Business and Human Rights through implementation of National Action Plans by Poland and Italy. For decades, the United Nations has struggled to fill the gap in international law and find an answer to the question: how to impose human rights obligations on companies? After several unsuccessful attempts to create international standards, change came in 2005, when John Ruggie was appointed as the UN Secretary-General's Special Representative for Business and Human Rights. In 2011, Ruggie’s work resulted in the creation of the Guiding Principles on Business Human Rights, which are slowly being adopted by states in the form of National Action Plans. The aim of this article is to analyse and compare the Italian NAP adopted in December 2016 and the Polish draft NAP, which will probably be implemented in 2017. Based on our findings, we conclude that both NAPs are missing constructive proposals and are characterised by vagueness. Time will show to what extent and how effectively both governments will promote their non-binding proposals.

Keywords: UN Guiding Principles, NAP, Human Rights, Business

JEL Classification: F53, K22, O20