Transnational Corporations and Human Rights / ტრანსნაციონალური კორპორაციები და ადამიანის უფლებები

George Khatidze

Abstract


Financially powerful Transnational Corporations, having an economic and political impact on host states, play an important role in a modern era of globalization.

Transnational Corporation are capable of having a positive impact on host states’ economy, to adopt new technologies and create jobs. Although for many Transnational Corporations respect for labor, environmental and other social issues is part of their corporate standards, there are certain cases, especially in developing countries, when direct or indirect activities of Transnational Corporations leads to human rights violations.

Remedy to the aforementioned cases lies in effective legal mechanisms. However, as modern international law have shortcomings in that regard, no direct obligation for Transnational Corporations to protect human rights and their responsibility for human rights violations is possible. There is a lack of effective legal mechanisms for regulation of Transnational Corporations because of the following: absence of Transnational Corporations’ obligations to protect human rights, not regarding Transnational Corporations as subject of international law and difficulty for individuals to bring an international claim against Transnational Corporations in case of human rights violations. On the other hand, however, local legal mechanisms in many cases are ineffective and not always properly implemented.

Due to those shortcomings, many guidelines, regulations and recommendations have been implemented for the purposes of regulating Transnational Corporations. However, all of those are soft law mechanisms. Those mechanisms are addressed to Transnational Corporations along with the states; however, they do not have a legally binding effect. Although the state has a primary role in protection of human rights, in many cases, states are unable to adopt effective human rights mechanism against Transnational Corporations and implement respective policy.

Keywords


Corporations; Rights; Intersection;

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