A/HRC/4/35 page 13 Universal Declaration of Human Rights and the two Covenants (ICESCR and ICCPR) - the other core United Nations human rights treaties and the International Labour Organization (ILO) core conventions. It also notes major trends within the regional human rights systems. Nothing prevents States from imposing international responsibilities directly on companies; the question is whether they have already done so. 37. The Universal Declaration of Human Rights occupies a unique place in the international normative order. Its preamble proclaims that “every individual and every organ of society … shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance”.33 In Louis Henkin’s famous words: “Every individual includes juridical persons. Every individual and every organ of society excludes no one, no company, no market, no cyberspace. The Universal Declaration applies to them all.”34 Henkin is surely correct in stating that the aspirations and moral claims of the Declaration were addressed, and apply, to all humanity and, as we shall see in section V on self-regulation, companies themselves invoke it in formulating their own human rights policies. But that does not equate to legally binding effect. 38. Many provisions of the Universal Declaration of Human Rights have entered customary international law. While there is some debate, it is generally agreed that they currently apply only to States (and sometimes individuals) and do not include its preamble. Most of its provisions have also been incorporated in the Covenants and other United Nations human rights treaties. Do these instruments establish direct legal responsibilities for corporations? Several of them include preambular, and therefore non-binding, recognition that individuals have duties to others. But the operational paragraphs do not address the issue explicitly.35 39. The treaties do say that States have a duty to “ensure respect” for and “ensure the enjoyment” of rights. Some have argued that this implies a direct legal obligation for all social actors, including corporations, to respect those rights in the first place. How can this claim be tested? One means is by examining the commentaries of the treaty bodies, as they are charged with providing authoritative interpretations. Although their mandate is to define state responsibilities, several have exhibited growing interest in the role of business itself with regard to human rights. 33 Adopted as General Assembly resolution 217 (III), 10 December 1948. 34 Louis Henkin, “The Universal Declaration at 50 and the Challenge of Global Markets”, Brooklyn Journal of International Law, 17 (April 1999), p. 25. 35 Common article 5 (1) of the ICCPR and ICESCR provides that the Covenants should not be interpreted as implying “for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights … recognized herein”. But it was not intended to establish substantive legal obligations on individuals or groups, nor have the treaty bodies interpreted it as such. Manfred Nowak, United Nations Covenant on Civil and Political Rights: CCPR Commentary (2nd rev. ed, 2005), pp. 111-119.