Frontiers of Law, Political Science and Art

Hindrances to transnational basic freedoms suit against transnational enterprises: The requirement for participation among home and host nations


Abu Daud

Till date, the enforcement of international human rights law has been relied largely on judicial remedies at the national level. This is more specifically for corporate human rights violation cases where a remedy mechanism to hold transnational corporations (TNCs) directly liable at the international level is absent. Transnational litigation has been increasingly utilized by victims of corporate-related human rights violations in seeking remedies. However, human rights litigation against TNCs in foreign countries has not been a simple process for the victims. Therefore, a special legal framework is urgently needed to guarantee not only victims’ right to access to a judicial mechanism but also their right to an effective remedy. This article proposed cooperation between home and host countries to authorize court jurisdiction in order to provide greater access to judicial remedy for victims of TNCs’ human rights violations. It presented the possibility for this cooperation to materialize through bilateral investment treaties.


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