Proposals for a Treaty on Transnational Corporations (TNCs) and other business enterprises in relation to Human Rights
Summary
Friends of the Earth International (FoEI) advocates for a legally binding international treaty to replace voluntary corporate social responsibility approaches, arguing that TNCs currently operate under a 'shield of special rights and privileges'. The proposal emphasizes the need for mandatory rules that prioritize human rights over trade and investment agreements, the establishment of a World Court on TNCs and Human Rights to end corporate impunity, and the legal recognition of 'Ecocide' and the rights of 'Affected Peoples'. FoEI specifically calls for the criminal and civil liability of TNC executives and the protection of environmental defenders.
Key insights
- The proposed treaty must establish a mandatory framework that prioritizes human rights over economic interests, specifically ensuring that human rights frameworks hold hierarchical superiority over trade and investment agreements and arbitration tribunals.
- To end corporate impunity, the treaty should establish both civil and criminal liability for TNCs and their executives (including CEOs and managers) within national jurisdictions, applying to subsidiaries, subcontractors, and financiers in global supply chains.
- The treaty should explicitly address environmental crimes and include a reference to 'Ecocide', defined as extensive ecosystem damage that severely diminishes the peaceful enjoyment of a territory by its inhabitants or causes systemic species extermination.
- FoEI proposes the creation of a UN-based World Court on TNCs and Human Rights to judge international crimes and human rights violations, complemented by a treaty monitoring committee and a Public Centre for the Control of Transnational Corporations.
- The treaty must guarantee access to justice and remedy for victims, protect environmental and human rights defenders from corporate intimidation, and legally codify the rights of 'Affected Peoples'—including those impacted by extractive activities and climate change.
- The Open-ended Intergovernmental Working Group (OEIWG) must implement strict participation rules to prevent 'corporate capture'—the undue influence of businesses on negotiations through lobbying, sponsorship, or official delegations.
Cite the original document
- APA
- Friends of the Earth International (2015). Proposals for a Treaty on Transnational Corporations (TNCs) and other business enterprises in relation to Human Rights. https://www.foei.org/wp-content/uploads/2021/10/A.HRC_.WG_.16.1.NGO_.13.pdf
- Chicago
- Friends of the Earth International. Proposals for a Treaty on Transnational Corporations (TNCs) and other business enterprises in relation to Human Rights. 2015. https://www.foei.org/wp-content/uploads/2021/10/A.HRC_.WG_.16.1.NGO_.13.pdf.
- Wikipedia
- {{cite press release |author=Friends of the Earth International |title=Proposals for a Treaty on Transnational Corporations (TNCs) and other business enterprises in relation to Human Rights |date=2 July 2015 |url=https://www.foei.org/wp-content/uploads/2021/10/A.HRC_.WG_.16.1.NGO_.13.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{friendsoftheearthinternational2015proposals, author = {{Friends of the Earth International}}, title = {{Proposals for a Treaty on Transnational Corporations (TNCs) and other business enterprises in relation to Human Rights}}, publisher = {Friends of the Earth International}, year = {2015}, month = jul, url = {https://www.foei.org/wp-content/uploads/2021/10/A.HRC_.WG_.16.1.NGO_.13.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
Full text
Collected · Record updated