Responsibility of transnational corporations in international law

The subject of the doctoral dissertation entitled ‘Responsibility of transnational corporations in international law’ is an analysis of the norms concerning the responsibility of transnational corporations (legal entities established on the basis of the internal law of states, whose scope of activity extends beyond the territory of one state) located in various spheres of international law as well as of national laws that possess transnational character. The main thesis of the dissertation is the statement that, although there are controversies concerning the international legal personality of legal persons, regulating their responsibility at the international level (due to the exterritorial scope of their activities) is necessary and possible to implement. The first scientific question posed in the dissertation concerns the legal status of transnational corporations in the light of international law, and whether this status allows regulating the issue of responsibility of these entities in this legal system. The next scientific question aims to determine what are the sources of responsibility of transnational corporations. The third scientific question in the dissertation concerns the assessment of whether the currently functioning accountability models protect the rights of all stakeholders who are affected by the activity of transnational corporations. The PhD candidate also attempts to answer the question of what model of responsibility of transnational corporations would be optimal for these entities and what processes affect the formation of the rules of responsibility of transnational corporations. In the first chapter, the legal status of transnational corporations in international law is analysed. The international legal situation of these entities is compared to the situation of other subjects of international law, such as states or, above all, international organisations. The analysis concerns transnational corporations both as recipients of obligations and rights. The second chapter describes emerging proposals for regulating the accountability of transnational corporations in international law. The PhD candidate examines both attempts to adopt binding norms in the form of multilateral international treaties as well as initiatives resulting in the adoption of non-binding soft law instruments. The general concepts behind the latter are also analysed. The third chapter focuses on the already existing regimes of responsibility of transnational corporations in international law, as well as in the domestic law of selected countries, which, however, include international elements. International human rights protection frameworks, introduced in a few regional systems (European, Pan-American and African), have been extensively described. In addition, in this chapter, the author describes the legal solutions adopted in selected countries. The next chapter deals with the issue of the responsibility of transnational corporations in international criminal law. In this chapter, the author describes proceedings in international criminal law both against natural persons managing transnational corporations (so-called directing minds) and directly against legal persons. Various general concepts of international criminal law, which are helpful in regulating the responsibility of transnational corporations are also presented. The fifth chapter provides three examples of case law concerning proceedings against transnational corporations. The doctoral dissertation is concluded with a summary and by providing answers to the scientific questions presented in the introduction.