ABSTRACT

This chapter challenges the idea that the “territorial” system of regulation of multinationals is necessarily flawed. It does so by examining the arrangements that have developed thus far for cross-border cooperation in complex corporate cases. Drawing from work done in the course of the Ruggie mandate (i.e., the UN Protect, Respect and Remedy Framework) and the OHCHR Accountability and Remedy Project, the author considers the possibilities arising from different models of cooperation which can be used in cases involving allegations of business-related human rights abuses, and the conditions needed for success. While it is important to have mutual legal assistance arrangements in place, it is argued in this chapter that there is a need for greater emphasis on the practicalities of “operational”-level cooperation, and on opening up more dynamic and programmatic avenues for cross-border communication and liaison, for instance through regulators’ networks.