Abstract
Transnational Corporations (TNCs) provide goods, services, jobs and tax income for states and are an essential factor of the globalized economy. At the same time are many TNCs so powerful that it has become impossible for some nation states to regulate them adequately. In particular, in cases of human rights violations, TNCs can be underregulated perpetrators. For a long time, there have been efforts to ensure that TNCs can be held accountable even if their economic power exceeds the political and regulatory powers of nation-states. So far, international law has had limited success in this regard. Public International Law might be more effective in reaching TNCs if TNCs would have a more open role (as opposed to lobbying states) in creating new rules of international law. It is suggested in this article that TNCs can have a role in the legislative process. The shortcomings of the current legal system will be shown as well. In addition, the text will provide considerations based on human rights and international constitutional law as to why this should not yet happen at this time.
Recommended Citation
Kirchner, Stefan
(2015)
"Recognition and Responsibility: A Legislative Role for Transnational Corporations in Public International Law — Thoughts from the Perspective of Human Rights,"
Indian Journal of International Economic Law: Vol. 7, Article 4.
Available at:
https://repository.nls.ac.in/ijiel/vol7/iss1/4