Contextualizing the business responsibility to respect: How much is lost in translation?

As the work of the UN Special Representative (UNSR) for business and human rights moves towards its conclusion in mid-2011, the core principles of the UNSR’s ‘responsibility to respect’ framework have received widespread endorsement from businesses, NGOs and governments. The translation of these general principles into specific obligations governing business activity will need to differ according to context. The reasons why overarching regulatory principles can get ‘lost in translation’ when applied in practice have important implications for understanding how the UNSR’s responsibility to respect framework can be meaningfully implemented across widely varying regulatory contexts. The central goal of this chapter is to understand why and under what conditions this loss is likely to arise, and how regulatory standards for business and human rights might be designed to enable the responsibility to respect principle to be applied in context-sensitive ways, without losing regulatory force.