JEAIL > Volume 8(1); 2015 > Issue Focus
Research Paper
Published online: May 30, 2015
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

Jun Zhao
Zhejiang University Guanghua Law School
51 Zhijiang Road, Hangzhou, Zhejiang Province 310008 P.R. China
Corresponding Author: junzhao@zju.edu.cn

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract

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, Human Right, Soft Law, Race to the Bottom

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