economic justice resisting neoliberalism

This research paper, produced by Friends of the Earth Africa (FoEA), proposes the establishment of a sui generis international tribunal to hold transnational corporations accountable for human rights violations. The document argues that existing national and international mechanisms are ineffective, allowing multinationals to operate with impunity through complex corporate structures and influence over governments. It provides a detailed proposed statute for an 'International Tribunal on Multinationals, Other Enterprises and Human Rights' (TIMEDH), emphasizing accessibility for victims, a shift in the burden of proof to companies, and a permanent seat in a southern state.

• Existing legal mechanisms are insufficient to hold multinational corporations accountable because companies use complex economic structures to avoid responsibility and exert undue influence over policy makers and governments.
• Current voluntary guidelines and regional courts are ineffective; regional courts only hear cases against States, and OECD Guidelines lack binding enforcement, with an OECD Watch report indicating that fewer than 1% of complaints to National Contact Points between 2001 and 2015 resulted in improved conditions for victims.
• The proposed International Tribunal on Multinationals, Other Enterprises and Human Rights (TIMEDH) would be a permanent court headquartered in a southern state, featuring an odd number of judges (specifically eleven) elected in their personal capacity.
• To ensure accessibility and independence, the tribunal would hold mobile sessions globally and implement strict conflict-of-interest rules, prohibiting anyone who worked for a multinational or its subsidiaries from being elected as a judge until 15 years after their termination.
• The proposed tribunal would shift the burden of proof to the accused companies, requiring them to demonstrate they did not commit violations, and would allow for 'actio popularis' and class actions by civil society organizations on behalf of victims.
• The tribunal's jurisdiction would be complementary to national courts, meaning it would intervene if national jurisdictions are unwilling or unable to satisfactorily exercise their jurisdiction over the responsible entities.
• The document proposes that justice be free of charge for victims, with operating expenses funded by the States Parties through a specific tax on the profits of multinational corporations.

APA

Koagne, A., Lemos, A., Mendes, E., Moise, M., & Lokumu, L. (2018). economic justice resisting neoliberalism. Friends of the Earth International. https://www.foei.org/wp-content/uploads/2018/10/Foei_Africa_english_FINALE_spread.pdf

Chicago

Koagne, Apollin, Anabela Lemos, Erika Mendes, Mbimbe Moise, and Louise Lokumu. economic justice resisting neoliberalism. Friends of the Earth International, 2018. https://www.foei.org/wp-content/uploads/2018/10/Foei_Africa_english_FINALE_spread.pdf.

Wikipedia

{{cite report |last1=Koagne |first1=Apollin |last2=Lemos |first2=Anabela |last3=Mendes |first3=Erika |last4=Moise |first4=Mbimbe |last5=Lokumu |first5=Louise |title=economic justice resisting neoliberalism |publisher=Friends of the Earth International |date=October 2018 |url=https://www.foei.org/wp-content/uploads/2018/10/Foei_Africa_english_FINALE_spread.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{koagne2018economic, author = {Koagne, Apollin and Lemos, Anabela and Mendes, Erika and Moise, Mbimbe and Lokumu, Louise}, title = {{economic justice resisting neoliberalism}}, institution = {Friends of the Earth International}, year = {2018}, month = oct, url = {https://www.foei.org/wp-content/uploads/2018/10/Foei_Africa_english_FINALE_spread.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }