Human Rights Accountability of Transnational Corporations: A Potential Response from Bilateral Investment Treaties

Author:Jun Zhao
Pages:47-48
SUMMARY

The Impact of transnational corporations' activities on local communities and populations can result in violations of human rights. There are compelling reasons to hold TNCs liable for human rights violations. The regulation of TNCs has become a global public good, and joint forces are needed to hold TNCs more accountable for their violations of human rights. Bilateral Investment Treaties, as a... (see full summary)

 
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Human Rights Accountability 47
VIII JEAIL 1 (2015)
Jun Zhao
The Impact of transnational corporations’ activities on local communities and
populations can result in violations of human rights. There are compelling reasons
to hold TNCs liable for human rights violations. The regulation of TNCs has become
a global public good, and joint forces are needed to hold TNCs more accountable for
their violations of human rights. Bilateral Investment Treaties, as a main component
of international investment law regulating international investment activities,
require urgent reform in this area. This article examines why and how BITs could be
drafted or amended in order to enhance TNCs’ human rights accountability. After
taking stock of existing legal institutions regulating TNCs, this article analyzes the
difficulties and hurdles in subjecting TNCs to human rights liability. Finally, this
article probes into potential advisable proposals on how BITs should be reformed, both
in substance and procedure, to better respect human rights.
Keywords
Transnational Corporations, Human Rights, Bilateral Investment Treaties
Professor of Zhejiang University Guanghua Law School. LL.B.(Zhejiang), J.D.(Cornell), LL.M.(Harvard). ORCID:
http://orcid.org/0000-0003-2124-9262. The author extends the deepest appreciation to Professors Saul Levmore,
Professor Tom Ginsburg, Professor Virginia Harper Ho, Mr. Jim Gao, Professor J. Ashley Roach and Assistant
Professor Jamie Edwards, for their invaluable help across several drafts. Sincere thanks also goes to Ms. Wei Zhao for
her research assistance. The author may be contacted at: junzhao@zju.edu.cn / Address: 51 Zhijiang Road, Hangzhou,
Zhejiang Province 310008 P.R. China.
DOI: http://dx.doi.org/10.14330/jeail.2015.8.1.03
Human Rights Accountability
of Transnational Corporations:
A Potential Response from
Bilateral Investment Treaties

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