Case Western Reserve Journal of International Law 52 (2020) Crime as Cognitive Constraint message seemed simple enough – ignore the rights that did not apply (e.g. fair trial rights), and implement the ones that did. Ruggie concluded that this approach was not only without any “authoritative basis in international law – hard, soft, or otherwise,” it likewise did not articulate an “actual principle for differentiating human rights responsibilities based on the respective social roles performed by states and corporations.” 158 Consequently, the draft 2003 Norms had the unintended effect of imposing on all transnational corporations binding standards culled from treaties that not all states have signed or ratified. 159 This led to its demise, i.e. it was declared to have no legal standing. 160 Working within this contestation, Ruggie capitalized on companies’ “social license to operate” to regulate corporate behavior, using human rights law as a source of normative content rather than of legal obligation. 161 Corporate responsibility to respect human rights means “that business enterprises should act with due diligence to avoid infringing on the rights of others and to address adverse impacts with which they are involved.” 162 For this purpose, the UNGPs serve as “a global standard of expected conduct for all business enterprises wherever they operate.” 163 They “elaborate the implications of existing standards and practices for States and businesses; integrating them within a single, logically coherent and comprehensive template.”164 Principle 12 makes a direct reference to the International Bill of Human Rights, including the ICCPR, as being the human rights framework corruption, and authority of the countries in which the enterprises operate.” 158. John Ruggie, Interim Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, ¶¶ 60, 66, U.N. Doc. E/CN.4/2006/97 (Feb. 22, 2006) [hereinafter Ruggie 2006 Report]. 159. Id. ¶ 66. 160. U.N. Commission on Human Rights Report on the Sixtieth Session, U.N. Doc. E/CN.4/2004/127 (2004) (affirming that the 2003 Norms “has no legal standing” and does not give rise to any “monitoring function” on the part of the UN). 161. JUST BUSINESS, supra note 151, at 90-94; John Ruggie, Protect, Respect and Remedy: A Framework for Business and Human Rights, ¶ 54, U.N. Doc A/HRC/8/5 (Apr. 7, 2008). 162. UNGPs, supra note 14, at 13 (principle 11). 163. Id. (commentary to principle 11). 164. UN Human Rights Council, A/HRC/17/31, Report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie (Mar. 21, 2011) [hereinafter Ruggie 2011 report]; UNGPs, supra note 15, at 13-14 (Principle 12). 170

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