official contribution of Friends of the Earth International (FoEI) to the second session of the open-ended intergovernmental working group on Transnational Corporations (TNCs) and other business enterprises with respect to Human Rights (IGWG)

This document is an official contribution from Friends of the Earth International (FoEI) to the second session of the UN open-ended intergovernmental working group (IGWG) in October 2016. It advocates for a legally binding international treaty to hold transnational corporations (TNCs) and their executives accountable for human rights violations and environmental crimes, proposing the creation of a World Court on TNCs and Human Rights and a Public Centre for control. FoEI argues that the treaty must prioritize human rights over trade and investment agreements, specifically calling for the restriction of Investor-State Dispute Settlement (ISDS) mechanisms that undermine public health and environmental protections.

• FoEI proposes that a binding UN Treaty should establish both civil and criminal liability for transnational corporations (TNCs) and their executives, including CEOs and managers, based on the principle of double indictment. This scope should extend to all subsidiaries and business relationships within global supply chains, including subcontractors and financiers.
• The document advocates for the creation of a World Court on TNCs and Human Rights to serve as an independent international mechanism for control and enforcement. This court would investigate and judge complaints against TNCs, States, and international financial institutions, operating independently from UN executive bodies with legally binding decisions.
• FoEI calls for the establishment of a UN-level Public Centre for the control of TNCs to support the World Court. This center would be responsible for analyzing claims, investigating testimonies, and inspecting corporate practices, composed of a balanced group of government representatives, victims, academics, and social and indigenous movements.
• The document argues that the UN Treaty must ensure the hierarchical superiority of human rights frameworks over trade and investment treaties. Specifically, it recommends a 'hierarchy clause' to resolve conflicts between treaties and calls for the prohibition or 'carve-out' of Investor-State Dispute Settlement (ISDS) cases that undermine human rights obligations.
• FoEI demands that the UN Treaty process be protected from corporate capture and interference. It proposes banning corporations from participating in decision-making processes regarding binding regulations and implementing strict ethics rules to prevent conflicts of interest and unethical lobbying, citing the WHO and UNFCTC models.
• The document emphasizes the need to address the cumulative impacts of TNC operations, such as historic responsibility for climate change and repeated environmental crimes. It suggests penalties including the revocation of environmental licenses and the suspension of operational permits and public funds.

APA

Friends of the Earth International (2016). official contribution of Friends of the Earth International (FoEI) to the second session of the open-ended intergovernmental working group on Transnational Corporations (TNCs) and other business enterprises with respect to Human Rights (IGWG). https://www.foei.org/wp-content/uploads/2016/10/UN-Treaty-TNCs-submission-English.pdf

Chicago

Friends of the Earth International. official contribution of Friends of the Earth International (FoEI) to the second session of the open-ended intergovernmental working group on Transnational Corporations (TNCs) and other business enterprises with respect to Human Rights (IGWG). 2016. https://www.foei.org/wp-content/uploads/2016/10/UN-Treaty-TNCs-submission-English.pdf.

Wikipedia

{{cite report |author=Friends of the Earth International |title=official contribution of Friends of the Earth International (FoEI) to the second session of the open-ended intergovernmental working group on Transnational Corporations (TNCs) and other business enterprises with respect to Human Rights (IGWG) |date=2016 |url=https://www.foei.org/wp-content/uploads/2016/10/UN-Treaty-TNCs-submission-English.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{friendsoftheearthinternational2016official, author = {{Friends of the Earth International}}, title = {{official contribution of Friends of the Earth International (FoEI) to the second session of the open-ended intergovernmental working group on Transnational Corporations (TNCs) and other business enterprises with respect to Human Rights (IGWG)}}, institution = {Friends of the Earth International}, year = {2016}, url = {https://www.foei.org/wp-content/uploads/2016/10/UN-Treaty-TNCs-submission-English.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }