Academy of Strategic Management Journal (Print ISSN: 1544-1458; Online ISSN: 1939-6104)

Abstract

The Responsibility of Multi-Nationalities Corporation upon Human Rights Violations

Author(s): Abdulaziz Ramdhan

Multinational companies are among the international legal issues that have been deeply debated in international public law about their legal personality and whether this personality falls within the internal legal system or within the national legal scope. The dispute over the responsibility of these companies for the damages they may cause when doing their business, and the search for the limits and frameworks and the foundations of this responsibility at length. We have not been exposed much in this research to the position of public or national law on the adaptation of the legal personality of multinational companies. We will focus on the responsibility of these companies in the context of human rights violations and how to deal with these violations legally with the immunity that the host country may grant to these companies and not subject them to the national legal system (Belgium v. Spain, 1970). The research is based on the legal mechanisms by which these companies can be prosecuted and forced to assume legal responsibility for any violation of international human rights treaties, as well as violations that occur within the framework of the national legal system. The company is one of the non-state concerns of international law and is bound by international treaties relating to human rights and has the burden of respecting these treaties and cannot avoid not applying them under the premise of the existence of mortal immunity, while not subject to the national legal system. There are obligations that we also find in the areas of international humanitarian law that require companies to follow them and not violate them.

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