BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

national action plans and their implementation in the Member States. Some Member States have introduced progressive tools which go beyond the consensus within the EU. Those examples of best practices may however influence future EU contributions. As for the negotiation of an international legally binding instrument on business and human rights the EU emphasises that such an instrument should be fully consistent with the existing legal obligations and should ensure the highest level of human rights protection. To be acceptable for the European Union, it has to provide concrete duties of both transnational and national companies and it has to be built upon the UN Guiding Principles. The EU’s position for negotiations on such an instrument has to factor in its possible impact on EU companies as well as the view of civil society. For the instrument to be successful, it is crucial that it enjoys the support from the key economies. However, in the light of the latest developments, gathering such support does not seem to be realistic in the near future.

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