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

• Author: Jun Zhao
• Pages: 47-48

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