Transnational Corporations & International Human Rights Disputes: Alternatives to Litigation

Authors

Silva, Jacquelyn

Abstract

Individuals working for transnational corporations face immense challenges in securing their fundamental rights and receiving remedy for corporate abuses. Inversely, transnational corporations face various risks against their social responsibility when they prioritize their operations and profits. Current international law efforts have been assessing ways in which to impose human rights obligations on companies more directly. Any such imposition of human rights protections advances the necessity of considering the mechanisms available to resolve such disputes, especially given that litigation in international “courts” is not available for this purpose. Until an international forum is established, challenges remain in confronting human rights disputes against transnational corporations, including jurisdictional constraints and methods of enforcement. This Article will assess the existing landscape of dispute resolution and enforcement as concerning transnational entities and will highlight arbitration and mediation as alternate approaches for achieving structured respect and authority for international human rights.

Recommended Citation

Silva, Jacquelyn, Case Note, Transnational Corporations & International Human Rights Disputes: Alternatives to Litigation, 61 Santa Clara L. Rev. 867 (2021).
Available at: https://digitalcommons.law.scu.edu/lawreview/vol61/iss3/5