Introduction

Liability claims against transnational corporations before the courts are one of the possible steps to take towards ensuring respect for human rights in their conduct of business in third States. As stated in Article 8 of the Universal Declaration of Human Rights and in Article 2 of the International Covenant on Civil and Political Rights, access to justice is a fundamental right. However, the human rights violations committed by corporations have an irretrievable connection with denial of justice. The existing order does not provide an adequate response, as ‘governability gaps’ and the scope of influence of companies escape the regulatory and coercive power of the State of origin. The host countries’ lack of capacity or will to ensure that companies operating in their territory respect human rights; the absence of effective judicial systems; and the legal obstacles created by complicated business structures all lead to the need for complementary, more regularised business behaviour at the operational level.Published online: 30 September 2020