ABSTRACT

Multinational Enterprises (MNEs) are very powerful entities in the current world order. Indeed, it is trite to note that the power of some MNEs outstrips the power of certain nation-states. Host states have implemented a variety of laws which operate to constrain or punish MNE human rights abuse. National regulation takes many forms; it exists in areas such as the criminal law, environmental protection, civil rights, anti-discrimination law, labour rights, consumer protection and anti-corruption legislation. The economic power of MNEs may therefore be abused to dissuade corruptible and/or vulnerable governments from establishing regulatory regimes to enforce human rights against corporations. Home states can impose accountability on their MNEs for their extraterritorial activities by permitting litigation against MNEs for alleged offshore human rights transgressions within their own jurisdictions. MNEs have been criticised harshly for their apparent willingness to exploit inadequate environmental regulation in underdeveloped states.