The Process of Embedding Human Rights within Subsidiaries of a Multinational Corporation

Abstract:As the 21st century breaks upon us, no ethical issues in business appear as significant as those being created by the rapid globalization of business. Globalization has created numerous ethical problems for the manager of the multinational corporation. What does justice demand, for example, in the relations between a multinational and its host country, particularly when that country is less developed? Should human rights principles govern the relations between a multinational and the workers of a host country, and if so, which principles are the correct ones? How should a multinational deal with a government in which corruption is rife? What are the ethical considerations involved in determining whether and how to transfer a risky technology to a country whose people may not be able to safely absorb that technology? What kind of labor and environmental standards should a multinational adopt when operating in a country whose government legislates only very low standards?

Download Full-text

THE LEGAL POSITION OF MULTINATIONAL CORPORATION IN INTERNATIONAL LAW

Jurnal Hukum & Pembangunan ◽

10.21143/jhp.vol49.no2.2009 ◽

2019 ◽

Vol 49 (2) ◽

pp. 376

Author(s):

Patricia Rinwigati

Keyword(s):

Human Rights ◽

International Law ◽

Multinational Corporation ◽

Public International Law ◽

Legal Position ◽

Point Of Departure ◽

Law Making

It has been recognised that Multinational Corporation has played important role in international law particularly on economic matters and recently on human rights. Hence, the question is how international law views this entity: is it a subject or object of international law? What kind of modalities and limitations for MNC to operate in international law? Do they have some capacities for law making treaty? This article attempts to answer those questions critically by Public International Law as a point of departure. It is argued here that different theories used lead to different conclusion on the position of multinational corporation in International Law. Nevertheless, such differences will not delete the fact that this entity has certain rights and obligations in International Law.

Download Full-text