Derechos humanos y empresas transnacionales : las debilidades del tercer pilar derivadas de las normas de promoción de inversiones. El caso Chevron como paradigma de la necesidad del Binding Treaty

ABSTRACT. The text is focus on the need to develop internationally binding standards on transnational corporations and human rights in order to bring their impunity to an end, as well as ensuring access to justice for the victims and the reparation of the consequences. By analysing the Chevron case, the text reflects that although there are different initiatives at international level aimed at encouraging transnational companies to behave respectfully, these initiatives continue to be insufficient, either because of their lack of obligation or because of their partial nature, dependent on the voluntariness of these transnational economic actors. The Chevron case and the arbitration awards adopted during the arbitration proceedings against the Republic of Ecuador show an alarming paradox: certain rights, such as access to justice, designed to protect human rights as a whole, are being used to full effect to safeguard the profits of economic entities. This case, together with many other crimes, supports the idea that the process of Resolution 26/9, the so called Binding Treaty, is currently the only one potentially capable of ensuring the access to justice and remedies to victims