Since 1945, the investment law became more and more important with the development of the transnational corporations and the direct investments abroad within the framework of the globalization of flows of capital. The relationship with the countries of the South sets a major problem in this field, since these countries are in general equipped with non-developed legal systems or radically different as of ours (more limited social standards, Human rights not always applied). The investments made by companies often concern the private international law, and in these cases, investors do not depend, "de prima facie" on the legislation of their country of origin but on the one of the host country. The multinational firms benefit from the blur which reigns around their identity by using complex structures of company which enable them to separate in quite a distinct way, the parent company from the subsidiary companies which operate at the local level, and then to avoid a judgment in the country in which they originate.
[...] The International Law on Foreign Investment, second edition, by M. SORNARAJAH, Cambridge. WTO, international trade, and human rights”, by Caroline Dommen, 3D Trade - Human Rights - Equitable Economy1 Published in Michael Windfuhr (ed.) Mainstreaming Human Rights in Multilateral Institutions Articles Thierry Hommel, Transnational corporations and collective liabilities, Who is responsible for the durable development? meeting devices of framing of the transnational corporations. Unocal Settles Human Rights Lawsuit over Alleged Abuses at Myanmar Pipeline. By Marc Lifsher. Los Angeles Times. [...]
[...] In this case, the various subsidiary companies often exploit the disparity of the national laws according to their interests. It results from it. It is regrettable, and therefore a study on the regulation of the investments is essential, a certain number of violations of human rights. The notions of corporate liability for Humans Rights violations have been slow in evolving[3]. There is no legal tool to consider economic crimes of the transnational corporations and that situation sets a true problem of control of their activities. [...]
[...] Provisions in a Bilateral Investment Treaty Some BIT can contain provisions about the preservation of the Human Rights. The most common provision deals with the preservation of health, morals and public welfare[20]. Using that provision, it could be possible for a domestic tribunal to sanction an infringement of Human Rights. However, this way is most often used for deterioration of the environment and not for the protection of Human Rights: the elites which control the state are often participating in such frauds. [...]
[...] Would such actions be possible in the civil law countries? If a Dutch, French or German court sued a company whose central seat is established in their country, for his activities abroad and its actions via investments abroad, such an action, even if it did not succeed, could give the possibility to the applicants of calling upon the mechanisms of the EU. The multinational firms benefit from the blur which reigns around their identity by using complex structures of company which enable them to separate in a way quite distinct the parent company from the subsidiary companies which operate at the local level, and then to avoid a judgment in the country in which they are originating. [...]
[...] The projects are classified by “dangerosity” in three categories according to the risks of impacts on Human Rights. The projects more “impacting” are the subject of an impact study which conditions the financing. Guiding principles of OECD: OECD, even if it is an organization primarily made up of Northern countries, which limits its legitimacy at the international level, has agreements and codes of conduct relating to the companies intended for the governments members. One of the strong points of the Principles of OECD is that they were worked out by and for the governments. [...]
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