Transnational Corporate Social Responsibility: Some Issues with Regard to the Liability of European Corporations for Labour Law Infringements in the Countries of Establishment of Their Suppliers

Abstract

This discussion paper deals with a well-known question in modern day international law: Can Western corporations be held accountable before civil courts in Western States for breaches of human rights taking place in States which lack effective protection of human rights and labour rights? It looks at the problem from a strictly European perspective and in this context deals with three questions. The first deals with the problem of classifying breaches of human rights which take place within a labour relation. The second focuses on the role the ECHR may play in establishing civil liability in European courts. How does international law in general and the Convention in particular affect international private law jurisdiction and applicable law in cases of transnational social liability? The third and final question concerns the recent adoption of the Rome II Regulation on the law applicable to non-contractual liability and its effect on transnational corporate liability.

Keywords: corporate responsibility, international law, human rights, international labour law, private international law, torts

JEL Classification: K1, K13, K2, K31, K4, K42