The Legal Liability of Transnational Corporations: Between Extraterritorial Obligations of States and Universal Justice

Palabras clave: Transnational corporations. Duty to cooperate. Extraterritorial obligations. Solidarity sovereignty. Universal justice.


The paper focuses on the possibilities of accountability of transnational companies, which operate in a “value chain” in different States and jurisdictions around the world. To this purpose, we propose a change in paradigm from solitary sovereignty to solidarity sovereignty, based on the duty of cooperation between the various state jurisdictions, in order to optimize the theoretical-practical understanding on the theme of extraterritoriality and universal justice. In the first part, the paper highlights the pertinence of the theme from a contemporary perspective. In the second part, the paper proposes a liability framework for transnational companies based on the duty of cooperation, which recognizes that this duty applies to both home States, where the large corporations are domiciled, as well as the host States.


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Biografía del autor/a

Jânia Maria Lopes Saldanha, IHEJ - UNISINOS

Post-Doctorate in Law from IHEJ - Institut des Hautes Études sur la Justice, Paris. PhD in Public Law from UNISINOS. Assistant Coordinator and Professor of the Post-Graduation Program in Law of the University of Vale do Rio dos Sinos, area of concentration in public law. Coordinator of the Center for Human Rights and Business at UNISINOS. Lawyer.

Lucas Paulo Orlando de Oliveira, UNISINOS

Doctoral student in Law at the University of Vale dos Sinos (Unisinos). Master in Law from the University of Paraná (UNIPAR). Researcher member of the Center for Comparative Legal Cultures, Internationalization of Law and Justice Systems: actors, factors and processes between legal globalization and cosmopolitanism - UNISINOS. Researcher in the Jurisdiction, Markets and Borders Group at FAG University Center. Professor at FAG University Center. Lawyer.