The elaboration of an ‘International Legally Binding Instrument on Transnational Corporations and other Business Enterprises with respect to Human Rights’ (hereinafter ‘the Instrument’), as mandated by the Human Rights Council at its 26th Ordinary Session (June 26, 2014), requires definitions  about a multiplicity of issues. Many choices need to be made among possible policy options and properly reflected in treaty language.

This paper addresses one of such issues: the subjective scope of the Instrument, that is, whose conduct will be subject to the disciplines eventually incorporated therein.