Multinational Enterprises and Human Rights Protection

Abstract

Multinational enterprises are playing an important role in economic globalisation. Meanwhile, it is common for multinational enterprises to violate human rights overseas while it is difficult for victims to seek remedies. The international law which can regulate human rights violations by multinational corporations are mostly soft laws, but there is a lack of guarantees for the implementation of soft law. In domestic law, most host countries are developing countries that cannot regulate multinational enterprises effectively. And home states lack the will to regulate multinational enterprises because their interests are so closely linked. There are also obstacles like the exercise of jurisdiction and the corporate veil which prevent the multinational enterprises responsible for human rights overseas. Therefore, this essay clarifies the extraterritorial jurisdiction, the non-harm principle and the human rights due diligence to support the responsibility of multinational enterprises. Eventually, this essay clarifies that it is necessary to narrow the gap between the ideal of hard law and the reality of soft law in international law. In the meantime, host states and home states should both strengthen the legislation of human rights due diligence and protection for high-risk industries. Harmonious interaction and co-development of international and domestic law should also be considered and the non-governmental organisation should issue guidelines, and strengthen the regulatory role.