A Legal Research On Human Rights Responsibility Of Transnational Corporations

The international community has believed that sovereignty is the obligation subject ofhuman rights. However, the international society has been unprecedented changed in thedeepening development of globalization, and some non-sovereign entity status began to growin the more and more important in global governance. Among them, the rapid development ofthe Transnational Corporation is worth the attention of international society. TheTransnational Corporation has strong economic strength and some are fabulously rich, andsome are even stronger as times as couples of countries. With the emergence of a largenumber of the Transnational Corporation and their overseas investment in expansion, theTransnational Corporation has admittedly become an important force on the internationalstage. The Transnational Corporation plays a positive role in promoting the development ofthe global economy, and they help the underdeveloped area to make up for the lack of funds,improving the area production technology level and management level of the enterprise andincrease the number of employment opportunities and so on. However, at the same time, wehave to reflect on the issues behind the rapid economic development. For example, we arewhether at the expense of other goals for the development of economy, such as social welfare,human rights etc. We have noted that the Transnational Corporation had the significantinfluence for the global human rights situation. Some Transnational Corporations seriouslydestroy the natural environment in the production process, producing and selling thesubstandard food and forced labor etc. The human rights responsibility problem ofTransnational Corporation has becoming a hot topic that people widely concerned.A Transnational Corporation shall bear responsibility for human rights, which have thetheory basis and practice basis, and The United Nations and NGOs have made positive effortson these basis. However, existing regulations for human rights of the TransnationalCorporation has many shortcomings. The international law has no direct power forTransnational Corporations, which leads to an embarrassing situation. Such as the homecountry has no intention to regulate the behavior of the Transnational Corporation. The wayto solve the problem is to improve the related human rights legislation of the host country, and promote the host country actively to participate in the international practice and theprotection of human rights conventions, and fulfill their obligations under the Convention toprotect domestic human rights.This paper is divided into four parts:The first part is the introduction, the first simple expounded in this paper, the researchpurpose and meaning, the domestic and foreign research present situation and the researchmethods and innovation points of this article made a comprehensive review.The second part is mainly about the Human rights responsibility for TransnationalCorporations reviewed, first proposed the concept of human rights responsibility in aTransnational Corporation, and then illustrates the legal basis of transnational corporationsliable for human rights, it mainly bases on the jurisprudence theory and basic theory ofinternational law has made the card into. Again is multinational company human rightsresponsibility in the relevant international practice has carried on the interpretation, mainlyincludes the efforts of the United Nations and the NGOs’ efforts.The third part is discussion on the legal regulation of Transnational Corporations forhuman rights violations, mainly on the analysis of the international law and law of the homecountry. Then outlets of the legal regulation for Transnational Corporations are given.The fourth part mainly is the legal thinking about the regulation of TransnationalCorporations in China for human rights violations. In this chapter the author analyzes thepresent situation of Transnational Corporation in China human rights violations, focuses onthe analysis of the right to food safety, labor rights, and environmental rights and pointed outthe shortcomings of China’s relevant laws and regulations, and finally gives some legaladvises on the above problem.