Fixing Meanings in Global Governance?

Abstract

This article uses snapshots, rather than the ongoing flows of diffusion/contestation typically emphasised by constructivists, to explore the exercise of power through normative change. Its case is a high-profile Human Rights Council initiative: the UN Guiding Principles on Business and Human Rights (UNGPs). These UNGPs have successfully presented meanings as fixed, while actually stretching those meanings' boundaries. They re-conceptualise what it means to 'respect' and 'protect' human rights. This is surprising given that the Principles were framed as a conservative exercise at clarification; and under-noticed, due to the legal rather than conceptual focus of the existing critical literature. According to the UNGPs, to respect human rights, agents need to take costly positive action. Furthermore, 'protect' obligations come before 'respect'. These are significant innovations. On the other hand, two missed opportunities of the UNGPs are their thin harm-based foundation for respect obligations, and their state-centrism about who has duties to protect.