Tag Archives: transnational corporations

Transnational Corporations and Human Rights Violations in Indonesia (I. Prihandono)

Author

Iman Prihandono

Keywords

foreign direct investment, accountability mechanism, transnational corporations, Indonesia

Abstract

A number of empirical studies have shown that foreign direct investment has benefited the Indonesian economy, accelerating Indonesia’s export of goods, creating more jobs, increasing productivity and facilitating technology spillover. At the same time, it has also negatively affected the environment, the working conditions of local residents, and the social, cultural, and economic rights of local communities. Most significantly, the activities of transnational corporations have been a reason for a number of violent conflicts. Indeed, as foreign direct investment inflow increases, conflicts between transnational corporations and local communities in Indonesia intensify. This situation has not developed in the absence of laws and institutions but these have not been working efficiently. This article assesses Indonesia’s regulatory and institutional framework for dealing with human rights violations by foreign investors. It is argued that there are crucial challenges that need to be taken into account in order to establish a strong accountability mechanism for human rights violations by transnational corporations in Indonesia, mainly inadequate regulatory coverage and insufficient institutional support. Until these limitations are addressed, violations of human rights by transnational corporations will continue to occur. As victims have limited access to redress, conflicts involving transnational corporations will likely remain high in the years ahead.

Citation

I. Prihandono, Transnational Corporations and Human Rights Violations in Indonesia (July 22, 2013). Australian Journal of Asian Law, Vol. 14, No. 1, Article 5, 2013

Paper

Transnational Corporations and Human Rights Violations in Indonesia

 

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Note, The Nigerian Tragedy, Environmental Regulation of Transnational Corporations, and the Human Right to a Healthy Environment (J. P. Eaton)

Title

Joshua P. Eaton

Keywords

Nigeria, transnational corporations, environmental regulation, human right to a healthy environment

Abstract

“I. Introduction

The second half of the twentieth century has witnessed an unprecedented expansion in the number of corporations operating beyond their national borders. By 1990, nearly 37,000 transnational corporations (TNCs) existed in the world. This figure continues to grow rapidly as trade barriers diminish, communications systems improve, and transportation becomes cheaper and more efficient. A 1992 Earth Summit document, Agenda 21, appropriately recognizes that “business and industry, including transnational corporations, play a crucial role in the social and economic development of a country.” Furthermore, TNCs contribute to the increasing prosperity of a developing nation by providing “major trading, employment and livelihood opportunities” and by helping to strengthen the role of women in society.

Unfortunately, the impact of TNCs, particularly in developing countries, has not been all positive. While some TNCs conduct responsible international business operations, others blatantly disregard human and environmental concerns in their countries of operation. The citizens of developed nations rarely hear of the environmental havoc many TNCs wreak in developing countries because only major disasters, such as that which occurred in Bhopal, are widely reported in the news.

This Note examines the environmental damage caused by TNCs in the course of oil exploitation activities in Ogoniland and other parts of the Niger Delta region of Nigeria.”

Citation

(1997) 15 Boston University International Law Journal 261.

Paper

Note, The Nigerian Tragedy, Environmental Regulation of Transnational Corporations, and the Human Right to a Healthy Environment

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The New Accountability: Environmental Responsibility Across Borders (M. Mason)

Author(s)

Michael Mason

Keywords

population, accountability, environmental protection, health, ecological sustainability, borders, international agreements, national territories, state responsibility, pollution, transnational corporations

Abstract

The growth of pollution that crosses national borders represents a significant threat to human health and ecological sustainability. Various international agreements exist between countries to reduce risks to their populations, however there is often a mismatch between national territories of state responsibility and transboundary hazards. All too often, state priorities do not correspond to the priorities of the people affected by pollution, who often have little recourse against major polluters, particularly transnational corporations operating across national boundaries. Drawing on case studies, The New Accountability provides a fresh understanding of democratic accountability for transboundary and global harm and argues that environmental responsibility should be established in open public discussions about harm and risk. Most critically it makes the case that, regardless of nationality, affected parties should be able to demand that polluters and harm producers be held accountable for their actions and if necessary provide reparations.

Citation

Michael Mason, The New Accountability: Environmental Responsibility Across Borders (Earthscan, 2005)

Book

The New Accountability: Environmental Responsibility Across Borders

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Multilevel Governance of Global Environmental Change (G. Winter)

Editor

Gerd Winter (Universität Bremen)

Keywords

Earth System Analysis, global climate change, global environmental change, global environmental governance, green civil society, self-regulation, industry, law, private authority, global governance, transnational corporations, international environmental law, transboundary corporate responsibility, USA, transnational bureaucracy networks, EU, post-Communist states, multilateral environmental agreements, compliance continuum, regulatory competition, developing countries, policy instrument innovation, sovereignty, environmental liability, environmental principles

Abstract

Originally published in 2006, this collection is the outcome of an interdisciplinary research project involving scholars in the fields of international and comparative environmental law, the sociology and politics of global governance, and the scientific study of global climate change. Earth system analysis as developed by the natural sciences is transferred to the analysis of institutions of global environmental change. Rather than one overarching supranational organisation, a system of ‘multilevel’ institutions is advocated. The book examines the proper role of industrial self-regulation, of horizontal transfer of national policies, of regional integration, and of improved coordination between international environmental organisations, as well as basic principles for sustainable use of resources. Addressing both academics and politicians, this book will stimulate the debate about the means of improving global governance.

• Examines the highly topical issue of the impact of institutions on climate change • Unique combination of a holistic and interdisciplinary approach • Written by an international team of researchers from Europe, the USA, Canada, and India

Citation

Gerd Winter (ed), Multilevel Governance of Global Environmental Change: Perspectives from Science, Sociology and the Law (CUP, 2010)

Book

Multilevel Governance of Global Environmental Change: Perspectives from Science, Sociology and the Law

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