Human Rights Obligations of Transnational Corporations. Whether current international law provides for direct corporate human rights obligations?

Abstract

This paper seeks to examine the ways in which individuals provided human rights protection within the circumstances of the wrongful behaviour of corporate entities. In doing so, the main question raised will evaluate whether corporations do possess direct human rights obligations. This question is challenged due to the absence at the international arena of the international treaty providing for explicit human rights obligations of TNCs. In order to get a competent understanding of this dilemma and be able to provide correspondent conclusion to the question at hand, analysis of the current position of TNCs under the system of international law and the existing regulatory initiatives, pertaining to subject matter, will be given. Furthermore, for a clear understanding of the ways in which individuals human rights are safeguarded, the distinction between state duties and corporate responsibilities in regard to human rights protection will be made. In addition, a contemplation of the law of the state responsibility for the wrongful acts will be provided, as under general international law as well under international human rights law, in order to understand how the system of international and human rights law, in the way it is established today, reacts for the human rights violations. This will serve the competent understanding of the challenge of this paper and formulation of the eventual conclusion.