Corporate Human Rights Liability In International Law: Moving From Soft Law To Enforcement
- IJLLR Journal
- 4 days ago
- 1 min read
Manisha. T, LL.M. (International Law and Organization), University of Madras, Department of Legal Studies
ABSTRACT
The increasing dominance of multinational corporations (MNCs) in the global economy has revealed significant structural flaws in the old state- centric model of international law, notably in terms of human rights protection. Although companies operate in several jurisdictions and have tremendous power over local populations, international legal duties have traditionally been addressed almost exclusively at nations. This has led to a persistent accountability gap. Soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights (2011), have attempted to bridge this gap by outlining corporate accountability principles; but, their voluntary nature limits its practical application.
Recent developments, such as local laws mandating human rights due diligence and courts increased readiness to hear transnational corporate responsibility claims, point to a slow but significant trend toward enforceability. This paper critically assesses these trends and contends that international law is evolving toward a hybrid form of accountability in which state responsibilities, domestic enforcement, and judicial innovation all influence corporate responsibility. While major problems exist, notably in terms of jurisdiction and enforcement, the overall trend indicates a shift from aspirational norms to more tangible legal requirements.
Keywords: Corporate Liability, Human Rights, Multinational Corporations, International Law, Due Diligence, Soft Law
