Research on the Jurisdiction of MNEs in Cases of Human Rights Violations

Abstract

As multinational enterprises continue to develop and grow, violations of international human rights law by multinational enterprises occur frequently, such as environmental damage and labor rights violations. While bringing employment and economic development to the host country, MNEs will also have a significant impact on local human rights. Multinational enterprises may directly affect the human rights in their regions by employing child labor, forced labor, discriminatory recruitment methods, poor working conditions, and carrying out activities without the consent of the residents on their land, or indirectly threaten the lives and health of others by destroying the environment. In addition, MNEs may also instigate the national government to violate human rights for commercial purposes, or support the government to adopt policies that violate human rights by providing infrastructure, financial support, or international credibility for the government, thus indirectly violating the human rights of residents. Access to justice is the most direct way for victims to seek redress in cases of human rights violations by multinational enterprises. However, as far as current practice is concerned, the judicial route is also the most difficult route to relief, of which the first issue to be resolved is jurisdiction. This research use case study, comparative research, and historical research to discuss how to strengthen the international legal regime of human rights responsibilities of MNEs, and to draw on international theoretical and practical experiences. Finally, this research systematically studies the issue and finally makes recommendations at the international and domestic levels.