Barriers to transnational human rights litigation against transnational corporations (TNCs)

the need for cooperation between home and host countries

Iman Prihandono

Research output: Contribution to journalArticle

Abstract

Till date, the enforcement of international human rights law has been relied largely on judicial remedies at the national level. This is more specifically for corporate human rights violation cases where a remedy mechanism to hold transnational corporations (TNCs) directly liable at the international level is absent. Transnational litigation has been increasingly utilized by victims of corporate-related human rights violations in seeking remedies. However, human rights litigation against TNCs in foreign countries has not been a simple process for the victims. Therefore, a special legal framework is urgently needed to guarantee not only victims’ right to access to a judicial mechanism but also their right to an effective remedy. This article proposed cooperation between home and host countries to authorize court jurisdiction in order to provide greater access to judicial remedy for victims of TNCs’ human rights violations. It presented the possibility for this cooperation to materialize through bilateral investment treaties.
Original languageEnglish
Pages (from-to)89-103
Number of pages15
JournalJournal of law and conflict resolution
Volume3
Issue number7
Publication statusPublished - 2011

Keywords

  • Transnational litigation
  • bilateral investment treaties
  • human rights
  • transnational corporations

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