On The International Human Rights Responsibilities Of Transnational Corporations

As multinational companies continue to grow and develop, so that the free flow ofcapital, technology and talent in the world-wide economic process of globalization continuesto accelerate, to achieve leapfrog development unprecedented opportunities for the majorityof developing countries. However, due to the multinational companies are adhering to the"profit maximization and optimal allocation of global resources," the idea, they are by virtueof a powerful monopoly and competitive advantages, more or less affect the direction of thehost country’s economy and political structure. Of particular concern is that multinationals torespect the host country’s sovereignty in pursuit of their own profits in the process, pollutionof the environment, exploitation of vulnerable groups, ignoring political freedom and tradeunion rights of vulnerable groups, the major event of violations of basic human rights ofvulnerable groups such as endless stream. Therefore, the specification of the behavior ofmultinational companies to reduce the multinationals human rights abuses has become anurgent task for the international community, especially the protection of human rights inChinaMultinational companies is the home country as a base for the establishment of thecompany is headquartered in the mother country, and through direct investment of capital,technology, and other country or region in the world to establish subsidiaries or branches ofmultinational companies is based in the home country of the companythe headquarters for thecore and under the guidance of the headquarters of the global strategy in the worldwideproduction, business or service activities, international economic organizations in order togain the maximum economic profit. Multinational companies because of their economic andtechnical strength we continue to play an increasingly important role in all aspects of theworld economy, politics, culture, etc., it is becoming a limited number of subjects ofinternational law. Multinational companies as a limited number of subjects of internationallaw, in its production and business activities should fulfill the responsibilities and obligationsof human rights protection. Driven by multinational companies in host countries (mostlydeveloping countries) production and business activities in the human rights violationscontinue to occur and intensified due to the one-sided pursuit of profit maximization mettle, the international community strongly demands of the establishment of the human rightsresponsibilities of multinational companies.The reality according to the nature of the activities of multinational production andoperation of its various violations of human rights, international human rights responsibilitiesof multinational companies should bear the following. Relevant staff of life, liberty andphysical integrity, the right to protect; safeguard the legitimate rights and interests of workers,including workers’ freedom of association and collective bargaining, non-discrimination,prohibition of forced labor or bonded labor, child labor is prohibited; protection of the right tohost environment; does not infringe on local residents rights, including the right toself-determination, property rights, cultural integrity, rights and so on.Responsibility or obligation to fulfill both rely consciously must constraint is not binding,the risk of any responsibility or liability for the performance has become a mere formality.Similarly, multinational companies with international human rights obligations or obligationsto fulfill, in addition to need to be multinational companies has established itself as a varietyof internal regulation constraints, need more from the host country, the home country,international organizations and community groups, such as the establishment of externalregulatory constraints. Only by strengthening the constraints of external regulation, in order toeffectively promote multinational companies and earnestly fulfilled its international humanrights responsibilities, to achieve the purpose of the effective protection of human rights.Not a long history of China’s opening up, and multinational companies entering thecountry on a large scale a shorter time, coupled with the opening up to the outside world, weare especially eager to capital, technology, and domestic laws and regulations for theprotection of human rights should not sound imperfect, leading many in China multinationalcompanies are not conscientiously fulfill the responsibilities or obligations of human rightsviolation of our fundamental human rights of workers and consumers phenomena haveoccurred. Therefore, multinational serious violations of human rights problems in productionand business activities in China attach great importance to further establish and improve lawsand regulations and the rules and regulations for the protection of human rights in China,effectively strengthen the protection of human rights law regulatory enforcement, urgedmultinational companies to the fulfillment of human rights in our country seriously theresponsibility to protect, is an important task of the protection of human rights road.