THE ROLE OF THE HOST STATE TO THE PROTECTION OF HUMAN RIGHTS AND THE ENVIRONMENT FROM THE VIOLATION DONE BY TRANSNATIONAL CORPORATIONS
Abstract: Transnational
Corporations (hereinafter TNCs) have great influence in the economic
development and social welfare in host states. Due to the strong economic power
owned by TNCs, they are able to influence the government of the host states.
However, to certain extent, in order to gain a great profit, they often violate
human rights and the environment in the host states. Unfortunately, the TNCs
are not the subject of international law, thus international environmental law
and International human rights law cannot be applied to TNCs. It seems that
TNCs are out of the ambit of Law. However, it is essential to enhance the role
of the host state government to enforce the law in order to protect human
rights and environment in the host state. This paper undertakes a critical
examination of the issues relating to human rights violations and environmental
damage done by TNCs in developing countries. The research method of this
article is qualitative and the approach of the research is normative. The
research finds that the role of the host sate to enforce the law to protect
human rights and environment from the violation done by TNCs is paramount.
Penulis: Sri Wartini
Kode Jurnal: jphukumdd131158
