Multinational Corporations in International Law

Wouters, Jan; Chané, Anna-Luise

doi:10.2139/ssrn.2371216

Cited by 6 publications

(5 citation statements)

References 34 publications

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“…In Europe, corporations have successfully relied on the protection afforded under the European Convention on Human Rights. 59 They have judicially secured the rights to property, privacy, fair trial and freedom of expression under the Convention. 60 Therefore, it appears so convenient for businesses to legally claim these rights while rejecting the responsibility to respect those of others.…”

Section: The Corporate 'Responsibility' To Respect Human Rights -An Imentioning

confidence: 99%

Contextualising the corporate human rights responsibility in Africa: a social expectation or legal obligation?

Okoloise¹

2022

AHRY

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It has been nearly impossible to muster global consensus on attributing companies with human rights obligations because of persisting contestations on how best to regulate corporate businesses under international law. Whilst several propositions exist including the recent UN Guiding Principles on Business and Human Rights, they mostly constitute 'soft law', are non-binding and essentially reinforce the same old argument that only states have human rights obligations. They have little or no legal repercussions on businesses, and provide no remedies to victims. Given the fault lines between the global North and South on the issue and the fatal impacts of transnational corporations in Africa, this article conceptualises a legal basis for demanding corporate accountability in Africa. The article utilises a doctrinal methodology, and two analytical approaches-the human right-based approach and insights from Third World approaches to international law-in establishing that since international human rights law places the protection and realisation of fundamental human and group interests at its core, its legal threshold requires that all endeavours which can impact on human rights, including abusive corporate conduct, are bound by its rules. It finds that the concept of 'corporate human rights responsibility' derives from international and domestic human rights law and therefore is vested with a legal basis as against the broader idea of corporate social responsibility that is based on voluntarism. With its emphasis on the protection of groups and individual duties, and recognition of corporate criminal responsibility, the African human rights and evolving criminal justice systems provide a background for conceptualising corporate responsibility in Africa differently. TITRE ET RÉSUMÉ EN FRANÇAIS: Contextualiser la responsabilité des entreprises en matière de droits de l'homme en Afrique: une attente sociale ou une obligation légale? RÉSUMÉ: Il a été presque impossible de trouver un consensus mondial d'imposer aux entreprises des obligations en matière de droits humains en raison des contestations persistantes sur la meilleure façon de réglementer les entreprises commerciales en vertu du droit international. Bien que plusieurs propositions existent, y compris les récents Principes directeurs des Nations Unies relatifs aux entreprises et aux droits de l'homme, elles constituent essentiellement des normes non contraignantes et renforcent l'argument selon lequel seuls les États ont des obligations en matière de droits humains. Ces normes ont peu ou n'ont aucune répercussion juridique sur les entreprises et ne fournissent aucun recours aux victimes. Compte tenu des positions divergentes entre le Nord et le Sud sur la question et les conséquences néfastes des entreprises multinationales en Afrique, cet article conceptualise une base juridique

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Section: The Corporate 'Responsibility' To Respect Human Rights -An Imentioning

confidence: 99%

Contextualising the corporate human rights responsibility in Africa: a social expectation or legal obligation?

Okoloise¹

2022

AHRY

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“…The legal definition of transnational economic activity uses the same territorial approach. For example, the UN Draft norms on the responsibilities of transnational corporations and other business enterprises with regards to human rights, define TNC as an "economic entity operating in more than one country or a cluster of economic entities operating in two or more countries -whatever their legal form, whatever in their legal home country or country of activity, and whether taken individually or collectively" 9 .…”

Section: Transnational Corporations As Quasi-subjects Of Transnationa...mentioning

confidence: 99%

“…Frequently, domestic law is not fully effective in governing the global aspects of TNC operation and its enforcement does not always ensure full control of their illegal activity. At the same time, the TNCs' role as major investors and donors of technology may give them excessive leverage to resist oversight of their compliance with human rights law, environmental requirements and safeguards against illegal activity [9]. For example, the Bank of Credit and Commerce International, was found in 1991 to be a criminal organisation in the United States and Great Britain for corrupt behaviour, involvement in money laundering and terrorist financing [10].…”

Section: Transnational Corporations As Quasi-subjects Of Transnationa...mentioning

confidence: 99%

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Non-State Actors as Quasi-Subjects of Transnational Organised Crime: Implications for the Security of States

Merkushin

2022

Journal of the Belarusian State University. International Relations

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We discuss the legal status of non-state actors in the context of the global fight against transnational organised crime and the security of states. We address the topic from the perspectives of international law (including criminal law), international security and human rights. We conclude that non-state actors such as multinational corporations, private military and security companies, and non-governmental organisations may become quasi-actors of transnational organised crime. Contributing to this probability are their uncertain legal status under international law, certain corporate practices and attitudes, obscure financial flows, and vulnerability of international and national public authorities to corrupt practices, among others.

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“…Domestic instruments have often proven insufficient to hold accountable perpetrators who operate globally, and flexibly move across borders. 275 Ending impunity consequently remains an elusive goal, despite the considerable merits of the international criminal judiciary. The subjection of individuals and legal persons to legal constraints is still an area where the international rule of law evidences considerable weaknesses.…”

Section: Tackling Of Impunitymentioning

confidence: 99%

Assessing the Contribution of the International Judiciary to the Rule of Law: Elements of a Roadmap

2015

Self Cite

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This paper develops an analytical framework to assess the contribution of international and supranational courts and tribunals to the rule of law at international, regional, and domestic levels. After a brief historical overview of the rise of international adjudication, it clarifies the distinction between supranational and international bodies and explores possible interpretations of the concept of the rule of law. Subsequently, the paper places the international judiciary in its political context and analyses the institutional safeguards of the courts' independence and impartiality. Finally, the authors provide a preliminary comparative analysis of the many ways in which international courts may arguably strengthen the rule of law and concludes by taking a closer look at the remaining challenges that the international judiciary faces today.

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Multinational Corporations in International Law

Cited by 6 publications

References 34 publications

Contextualising the corporate human rights responsibility in Africa: a social expectation or legal obligation?

Contextualising the corporate human rights responsibility in Africa: a social expectation or legal obligation?

Non-State Actors as Quasi-Subjects of Transnational Organised Crime: Implications for the Security of States

Assessing the Contribution of the International Judiciary to the Rule of Law: Elements of a Roadmap

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