TREATY TEXT PROPOSAL GLOBAL CAMPAIGN TO RECLAIM PEOPLES SOVEREIGNTY, DISMANTLE CORPORATE POWER AND STOP IMPUNITY
Summary
The Global Campaign to Reclaim Peoples Sovereignty, Dismantle Corporate Power and Stop Impunity proposes a comprehensive international treaty to hold transnational corporations (TNCs) and their managers legally accountable for human rights violations. The proposal argues for the primacy of international human rights law over trade and investment agreements, the establishment of an International Court on Transnational Corporations, and the creation of a Monitoring Centre. It outlines specific obligations for TNCs, States, and International Financial Institutions (IFIs), emphasizing the need to pierce the corporate veil and ensure access to justice for affected communities, particularly in the Global South.
Key insights
- The proposed treaty asserts that international human rights law holds hierarchical superiority over all other legal instruments, specifically those concerning trade and investment.
- Transnational corporations (TNCs) and their managers would be subject to penal, civil, and administrative liability for human rights impairments, regardless of the legal framework in the Home, Host, or Affected States.
- The proposal introduces the concept of 'responsible solidarity,' establishing joint responsibility for human rights obligations between TNCs, their subsidiaries, their supply chains, and participating investors, including banks and International Economic and Financial Institutions.
- TNCs are obligated to respect the sovereignty of indigenous and traditional peoples over natural resources and genetic patrimony, and must adhere to the principle of free, prior and informed consent.
- The treaty proposes that States must prevent 'corporate capture' by implementing a five-year cooling-off period for government members to stop the 'revolving door' between state agencies and TNCs.
- The proposal calls for the creation of an International Court on Transnational Corporations to investigate and judge complaints, and an International Monitoring Centre on Transnational Corporations to evaluate and inspect TNC activities.
- International Financial Institutions (IFIs) and financial entities would be held accountable under subsidiary liability if they finance TNCs known to violate human rights.
- The treaty mandates that the 'corporate veil' be pierced in national jurisdictions when it prevents the enforcement of rulings against TNCs.
- States are required to conduct Human Rights and Environmental Impact Assessments before entering into international trade and investment obligations.
Cite the original document
- APA
- Friends of the Earth International (2017). TREATY TEXT PROPOSAL GLOBAL CAMPAIGN TO RECLAIM PEOPLES SOVEREIGNTY, DISMANTLE CORPORATE POWER AND STOP IMPUNITY. https://www.foei.org/wp-content/uploads/2021/10/Treaty_draft-EN1.pdf
- Chicago
- Friends of the Earth International. TREATY TEXT PROPOSAL GLOBAL CAMPAIGN TO RECLAIM PEOPLES SOVEREIGNTY, DISMANTLE CORPORATE POWER AND STOP IMPUNITY. 2017. https://www.foei.org/wp-content/uploads/2021/10/Treaty_draft-EN1.pdf.
- Wikipedia
- {{cite press release |author=Friends of the Earth International |title=TREATY TEXT PROPOSAL GLOBAL CAMPAIGN TO RECLAIM PEOPLES SOVEREIGNTY, DISMANTLE CORPORATE POWER AND STOP IMPUNITY |date=October 2017 |url=https://www.foei.org/wp-content/uploads/2021/10/Treaty_draft-EN1.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{friendsoftheearthinternational2017treaty, author = {{Friends of the Earth International}}, title = {{TREATY TEXT PROPOSAL GLOBAL CAMPAIGN TO RECLAIM PEOPLES SOVEREIGNTY, DISMANTLE CORPORATE POWER AND STOP IMPUNITY}}, publisher = {Friends of the Earth International}, year = {2017}, month = oct, url = {https://www.foei.org/wp-content/uploads/2021/10/Treaty_draft-EN1.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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