ARE TRANS-NATIONAL CORPORATIONS RESPONSIBLE FOR INTERNATIONAL (HUMAN) RIGHTS VIOLATIONS? (DRAWING THE LINES OF A RESPONSIBLE COMITMENT)

The present paper will focus on the infringement of human rights as a consequence of the daily business of transnational corporations (TNCs), as seen in the case of Chevron vs. Ecuador. This case study has been chosen to clearly underline the importance of raising awareness on human rights protection in the business sector. The framework of the Special Representative of the United National on Human Rights Protection regarding the activities of TNCs and other business enterprises (SRSG), Mr. John Ruggie, includes suggestions on how corporations can include human rights in their daily business in order also to implement human rights with due diligence. This case study is also an urgent call for reforms in corporate human rights protection. While acting on an international level, transnational corporations have a great impact in many areas of life and do not always concentrate on incorporating human rights into their business. This ignorance towards human rights can lead to a misuse of these rights entailing international responsibility. The following questions then arise: What should happen if a TNC infringes human rights? Do TNCs have serious obligations, like states, to protect human rights? Does the nexus between states and corporations play a role? John Ruggie addressed the responsibility of business entities through drafting a framework and updating OECD guidelines for multinational enterprises. He described corporate responsibility and suggested mechanisms on how to ensure respect for human rights. This framework will be used to analyze the case of Ecuador against Chevron. The fact that this case was prolonged over two decades is an indication of how sensitive issue the TNCs' human rights commitment is.