8 propositions pour le nouvel instrument international contraignant sur les Sociétés Transnationales (STN) et les Droits Humains

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The document argues that transnational corporations (TNCs) currently operate with impunity due to a lack of binding international regulations and the dominance of trade and investment treaties over human rights. It proposes a new UN instrument that establishes the legal obligation of TNCs to respect all human rights, holds them civilly and criminally liable for violations (including through subsidiaries), and mandates that states regulate TNCs' extraterritorial activities. The proposal calls for the creation of an international court and a monitoring body to oversee implementation, while demanding that TNCs be excluded from the negotiation process to prevent undue influence.

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  • Transnational corporations (TNCs) often escape accountability through complex corporate structures and the fact that their headquarters are typically located in Northern countries with favorable laws, far from where their activities impact human rights in the South.
  • The proposed instrument should mandate TNCs to respect all human rights, including the right to a healthy environment, and hold them responsible for violations committed directly or through complicity, negligence, or via subsidiaries and subcontractors.
  • States must be obligated to protect against TNC violations and recognize extraterritorial obligations, meaning they should regulate TNCs based on their territory even when those companies operate abroad.
  • International trade and investment treaties, particularly investor-state arbitration tribunals, are criticized for prioritizing corporate profits over human rights and sovereignty, often forcing states to pay millions in compensation for public interest measures.
  • The document advocates for the legal principle of 'double-imputability,' where both the corporate entity and the individual decision-makers (CEOs, managers) are held civilly and criminally liable.
  • International financial institutions like the IMF and World Bank are accused of facilitating TNC impunity through structural adjustment policies that force states to deregulate labor and environmental standards.
  • To ensure enforcement, the proposal suggests creating three new international bodies: a treaty monitoring committee, a Public Center for TNC Control, and an International Court on TNCs and Human Rights.
  • The document argues that TNCs should be completely excluded from the negotiation process of the new instrument because they are not democratic entities and would use their resources to undermine regulation.

Cite the original document

APA
Friends of the Earth International (2015). 8 propositions pour le nouvel instrument international contraignant sur les Sociétés Transnationales (STN) et les Droits Humains. https://www.foei.org/wp-content/uploads/2021/10/CampaignSubmission-FR-jul2015-PRINT.pdf
Chicago
Friends of the Earth International. 8 propositions pour le nouvel instrument international contraignant sur les Sociétés Transnationales (STN) et les Droits Humains. 2015. https://www.foei.org/wp-content/uploads/2021/10/CampaignSubmission-FR-jul2015-PRINT.pdf.
Wikipedia
{{cite press release |author=Friends of the Earth International |title=8 propositions pour le nouvel instrument international contraignant sur les Sociétés Transnationales (STN) et les Droits Humains |date=June 2015 |url=https://www.foei.org/wp-content/uploads/2021/10/CampaignSubmission-FR-jul2015-PRINT.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
BibTeX
@misc{friendsoftheearthinternational2015propositions, author = {{Friends of the Earth International}}, title = {{8 propositions pour le nouvel instrument international contraignant sur les Sociétés Transnationales (STN) et les Droits Humains}}, publisher = {Friends of the Earth International}, year = {2015}, month = jun, url = {https://www.foei.org/wp-content/uploads/2021/10/CampaignSubmission-FR-jul2015-PRINT.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }

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