Overview

The genesis of human rights has been sprouted due to the gross violations of rights of the people committed by governments, states and their agents acting on behalf of their respective state's machinery. Traditionally in international law and international human rights law violations of rights of people have been attributed to states and governments. Non-state entities such as corporations and individuals are not in the purview of international law and human rights. Individuals and corporations never been viewed as an entity and subject matter of normative practice of international law due to the basic elements of state sovereignty. Only after the Second World War, international law mechanisms have recognized the Non-state entities and attributed liability and responsibility. In recent past with explosion of economic liberalization promoted by international trade, non-state actors such as corporations, multinational companies and transnational companies are operating transnationally in different jurisdiction involving directly in contact with the local people and contributing their share to the fate of people living in different parts of the world. These companies operate in a different environment and act in a very hostile manner against the interest and rights of the people living in the vicinity of their business. In the process they are directly involved in violating basic rights and dignity of human beings and they show no respect to the national and international standards and mechanisms which are providing protection to the local and indigenous people. The corporations are complacent towards the rights of the people and they do evade liability for violations such as corporate crimes, tax evasions, bribery, corruption, environmental pollutions and damage, violation of labour laws, violations of rights of women and children, being complicit in war crimes, crimes against peace and humanity and genocide, in those states where they are in complicit with the state and conduct gross human rights violations. The corporations take advantage of the host states, as the host state enjoys the financial supplement provided, the financial supplement could be either to foreign direct funds or the government is corrupt and wants to make illegal gains, or the government takes help to control rebels. States to compete in the global market need to become financially stable and they require funds to develop their economy. Through the two major organizations the International Monetary Fund and the World Bank they receive loans and sanctions by way of Foreign Direct Investment, thus inviting the Transnational and the Multinational Corporations to enter and carry on business in the said state. When the corporations enter they seek relaxations in tax, labour regulations, and even relaxing control on environmental damages. As the states are economically poor, they are either developing or under developed nations, fall prey to these corporations and allow gross human rights violations upon themselves. In this backdrop it is an urgent necessity to look into the problems and attribute responsibility of protecting human rights of the people, by the non-state actors such as the Multinational Corporations.

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9781805307105

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