Transnational corporations and international law
Bringing TNCs out of the accountability vacuum
Bibliographic Data
| ID | 15539107 |
|---|---|
| Authors | Alice De Jonge (0000-0001-6219-7054, Monash University, corresponding author) |
| Year | 2011 |
| Volume | 7 |
| Issue | 1 |
| Pages | 66-89 |
| Publication date | 2011-01-15 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Critical Perspectives on International Business (JOURNAL) |
| Journal identifiers | ISSN: 1742-2043 • E-ISSN: 1758-6062 |
| Publisher | Emerald Publishing Limited (PUBLISHER • GB) |
| DOI | 10.1108/17422041111103840 |
| OpenAlex | W1979715502 |
| Language | EN |
| Citations received | 14 |
| References cited | 13 |
Purpose This paper aims to highlight the disparity between the huge global influence and reach of transnational corporations, on the one hand, and the lack of international legal infrastructure for regulating TNC activity, on the other. Existing avenues for holding TNCs accountable for breaches of international standards are woefully inadequate. After rejecting the idea of subjecting TNCs to potential criminal liability, the paper then proposes a set of principles for international TNC responsibility modelled on the 2001 Draft Articles on State Responsibility. The potential future role of regional human rights courts and the International Labour Organisation in holding TNCs accountable is also explored. Design/methodology/approach A survey of existing legal texts and secondary scholarship was undertaken to determine the existing coverage of the regulatory infrastructure for holding TNCs to account, and to identify gaps in that coverage. Findings Significant governance gaps in the existing institutional infrastructure were identified, creating a permissive environment within which blameworthy acts by TNCs may occur without adequate sanctioning or reparation. Potential regulatory and institutional avenues for filling these gaps were identified. Research limitations/implications The author lacks hands-on experience of the political barriers which may exist and may make the proposed reforms unrealistic. Those in the field are encouraged to consider whether the proposed reforms are feasible/desirable. Practical implications The paper contains implications for the future of international law, the regional human rights courts and the International Labour Organisation. Originality/value The paper contains original proposals for the future evolution of international law in its application to TNCs
Accountability · Business · Corporate governance · Corporate social responsibility · Economics · Global governance · Human rights · International business · International law · Law and economics · Liability · Originality · Political science · Politics · Scholarship · Soft law · Value (mathematics · Corporate Law and Human Rights · Environmental law and policy · International Labor and Employment Law · Law · Finance
From Critique to Action
The health impacts of extractive industry transnational corporations
Transnational corporations in twenty-first century capitalism
A critical perspective on corporate social responsibility
Critical perspectives on strategic CSR
Global health and international business
Regulating the Activities of Oil Multinationals in Nigeria
Counter-reporting sustainability from the bottom up
Assessing the Feasibility of a Business and Human Rights Treaty
MNEs and human rights
Corporate responses to stakeholder activism
Accountability of transnational corporations in the developing world
Corporate social responsibility, governance and stakeholders
The Garment Industry in Bangladesh, Corporate Social Responsibility of Multinational Corporations, and The Impact of Covid-19
| Unique citing works | 14 |
|---|---|
| Citations per year | 1.17 |
| Citation span | 2014 - 2026 (13) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 14 |