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

Authors

DOI:

https://doi.org/10.26422/RIDH.2021.1102.lop

Keywords:

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

Abstract

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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Author Biographies

  • 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.

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Published

2021-10-05

Issue

Vol. 11 No. 2 (2021)

Section

Symposium

License

This journal and its works are published under the Creative Commons Atribución-NoComercial-CompartirIgual 4.0, which allows users to download, share, copy, and redistribute the material in any medium or format, provided that appropriate credit is given and a link to the license is included. It also permits users to remix, transform, and build upon the material, provided that any resulting work is distributed under the same license as the original. It does not authorize the use of the content for commercial purposes.

This license does not transfer moral rights, which remain with the author in accordance with copyright law.

How to Cite

Lopes Saldanha, J. M., & Orlando de Oliveira, L. P. (2021). The Legal Liability of Transnational Corporations: Between Extraterritorial Obligations of States and Universal Justice. Revista Internacional De Derechos Humanos, 11(2), 185-231. https://doi.org/10.26422/RIDH.2021.1102.lop