OECD National Contact Points as the effective means for human rights protection from the activities of transnational corporations

Abstract

This article is dedicated to the analysis of extrajudicial mechanisms of consideration of complaints – OECD National Contact Points. The object of this research is the activity of OECD National Contact Points, while the subject of is the dispute resolution procedure therein. The goal of this research consist in carrying out efficiency assessment of OECD National Contact Points as legal remedy for the persons suffered from the activity of transnational corporations. The work consists of the three parts. The first part provides brief description of the activity of transnational corporations and the concept of corporate liability for violation of human rights. The second part is dedicated to the analysis of dispute resolution procedure within the National Contact Points. The third part analyzes the effectiveness of National Contact Points as legal remedy. The author comes to the following conclusions and recommendations: due to the differences in the structure, financing, and human resources, National Contact Points of certain countries appear to be more effective than of the others. The effectiveness largely depends on the level of economic development of the OECD member-state, financing, and competences of mediators. Therefore, the National Contact Points of the developed countries represent the effective legal remedy, while in the developing countries, the parties suffered from entrepreneurial activity face barriers that impede exercising their right to effective legal remedy. The set of organizational and legal measures cans serve as the solution to the existing problems. Namely, the conclusion of bilateral agreements between the developed and developing countries on rendering legal aid and exchange of mediators is essential. The author also recommends establishing corporate liability on the domestic levee in form of fines and other sanctions for refusal of transnational corporation to comply with the decision of the National Contact Points. The provision with recommendation on consolidation of such liability should be introduced into OECD Guidelines for Multinational Enterprises.