Chapter Five. The Roles of Home and Host States

Abstract

The apparent gap in the relationship between transnational corporations (TNCs) and public international law, specifically with regard to regulation, raises the issue of the respective roles of home and host states. Within the framework of sustainable development, sovereignty could also imply new obligations towards humanity and the environment. Home states have responsibilities in the promotion and protection of human rights and the environment through suitable economic policies and laws. National arrangements, as well as the evolution of international consensus at the bilateral and multilateral levels would certainly have an impact on transnational litigation primarily through interventions by home and host country courts. In Latin America, in the conflicts that pervade the mining sector – for instance, gold mining in Surinam – it has been argued that an ombudsperson or an international NGO mediator could play a significant role.Keywords: host states; human rights; Latin America; public international law; sustainable development; transnational corporations (TNCs)