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Indian Journal of Law and Human Behavior

Volume  4, Issue 1, January-June 2018, Pages 123-137
 

Review Article

Liability of Transnational Corporations (TNCs) under Contemporary International Law: A Critical Analysis#

Sunklan Porwal*,##, J.K. Mittal**

*Research Scholar, **Professor Emeritus, Amity University, Sector 125, Noida, Uttar Pradesh 201313, India.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.4118.15

Abstract

  In this era of globalization, transnational corporations (TNCs) have been able to grow manifold. Their number and their power have increased over the course of time, after the free market economy has come into existence. At present, these corporations are majorly responsible for the Human Rights abuse and environment degradation. It can be easily noticed that, post the Second World War, the phenomenon of transnational corporations (herein referred as TNCs), have emerged and taken over the world economy completely. The issue of whether TNCs could be treated as the subjects of international law has evoked a great deal of doctrinal controversy. The traditional positivist doctrine deems only States as the subject matter of international law. Over the years, there has been a trend to argue for inclusion of TNCs within the purview of international law to bring in some accountability to their actions. 


Keywords: Accountability; Transnational Corporations;
Corporations; Environment; Pollution; Law; International Law; Court;
Human Rights; Norms; Globalization.



Corresponding Author : Sunklan Porwal Research Scholar, Amity University, Sector 125, Noida, Uttar Pradesh 201313, India.