Human Rights Obligations and Transnational Corporations: The Limits of Direct Corporate Responsibility

Abstract

To date, multinational corporations have had no direct human rights obligations under international law. Nonetheless, international lawyers can no longer ignore the increasing role of non-state actors in international society. This article suggests analysing existing mechanisms and new proposals for enhancing the accountability of transnational corporations, grouped into those focusing on the responsibility of the home and host states and those centred on the imposition of direct obligations on corporations. This article will specifically draw attention to the limits of some of the suggested normative changes, from a legal-theoretical perspective and in terms of their capacity to address effectively the challenges of the lack of respect for human rights laws.

Keywords: human rights, transnational corporations, non-state actors, corporate responsiblity