Research On The Home State Regulating Method About Human Rights Violations By Transnational Corporations

With the deepening of economic globalization and investment liberalization,although transnational corporations(TNCs)have played an important role in global economic development especially in the host state's economic development,it cannot be ignored that human rights abuses by TNCs also come along.As for human rights abuses by TNCs,there have been several regulating methods,including the host state regulating,the international soft lawsregulating,the ATCA regulating,the self-regulating by TNCs and the home state regulating.However,due to the characteristics of TNCs and shortcomings existing inherently in each regulating method,any sole regulating method cannot solve the problem thoroughly,unless all the regulating methods coordinate with each other.Thehome state regulating is helpful to make up for the inadequacy of other regulatingmethods and improve the situation where human rights abuses by TNCs cannot be regulated effectively.As a significant supplement to the host state regulating which should be the primary regulating method,the home state regulating has the legal basis both on the power level and the obligation level.Specifically,the power level means the personal jurisdiction,and the obligation level means theextraterritorial obligation to protect of states.The home state could regulate TNCs behavior effectively through legislation,administration of justice,and banks,stock exchanges and insurance institutions,prompting TNCs to respect human rights in the host state.With the advancement of "the Belt and Road" construction,there will be more and more Chinese enterprises making overseas direct investment,and China will be the home state of more TNCs,correspondently,there will be increasing human rights risk.Therefore,it is necessary for the Chinese government to make full use of the home state regulating method,urging its enterprises to make investment responsibly,promoting the sustainable development of its overseas investment and building an image of responsible big state.