CYIL vol. 11 (2020)

MONIKA FEIGERLOVÁ CYIL 11 (2020) During the negotiation process some delegations and particularly the NGOs’ representatives highlighted the connection between the environment and human rights and referred to instances of business related human rights abuses. 58 They encouraged the inclusion of provisions on effective remedies for environmental damage. The Revised Draft expressly lists environmental rights in the definition of a “human rights violation or abuse” and environmental impact assessments in relation to a company’s business activities and those of its contractual partners to be a part of the human rights due diligence requirement. In addition to traditional remedies, such as restitution, compensation, satisfaction, guarantee of non-repetition, etc., environmental remediation and ecological restoration are specifically mentioned. 59 By contrast, environmental crimes are not included in the non-exhaustive catalogue contained in Article 6(7) of the Revised Draft. Given that many unresolved questions about the relationship between the environment and human rights still exist and environmental responsibility was traditionally dealt with outside the human rights framework, 60 such inclusion can be seen as innovative but deserves further explanation. For example, what would constitute a violation of environmental rights under the proposed treaty and which rights. Moreover, environmental degradation is only a violation of human rights when a direct link between the degradation and a serious impairment of a protected human right can be established. 61 Due to a lack of universal consensus over environmental rights further discussions on this specific issue might be expected in the drafting process. Representatives of the business community opposed that the inclusion of rights that were still not recognized by all states, environmental rights are not defined in international human rights, and the inclusion of such rights goes beyond the working group’s mandate. 62 The negotiation process is no near to its end and given that some aspects of environmental considerations are already present in the Draft Treaty and some instruments of international environmental law were briefly mentioned during the sessions, there is still a chance that a more focused debate over inclusion of further protection or environmental principles can be stimulated. UN General Assembly on 15 July 2019. In his report the Special Rapporteur illustrates the devastating effects of the current global climate emergency on the enjoyment of human rights, and the crucial role for human rights in catalyzing action to address climate change. The Special Rapporteur concludes that a safe climate is a vital element of the right to a healthy environment and is absolutely essential to human life and well-being. 58 For an overview of the environmental dimensions reflected in the travaux pr éparatoires of the treaty drafting process see AUZ VACA, J.G. The Environmental Law Dimensions of an International Binding Treaty on Business and Human Rights. In Brazilian Journal of International Law , vol. 15, no. 2, 2018, pp. 151-189. 59 See Article 4(5)(b) of the Revised Draft. 60 DUPUY, P.M., VIŇUALES, J. E. International Environmental Law . Second Edition, Cambridge, 2018, pp. 358-361. 61 DUPUY, P.M., VIŇUALES, J. E. International Environmental Law . Second Edition, Cambridge, 2018, p. 360 62 IOE, Busiess at OECD, BusinessEurope, Joint business response to the revised Draft legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises (“Revised Draft Treaty”), October 2019, p. 11. Available at: < https://www.ioe-emp.org/index.php?eID =dumpFile&t=f&f=145680&token=d0a1ad270b24083cc353ac9a2bf326c670c35495> . Visited on 1 June 2020.

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