Environmental Obligations of Transnational Corporations in International Environmental Law

Abstract

One of the most controversial issues about transnational corporations is their environmental performance, sometimes leading to irreparable damages. This issue has been the concern for many developing countries, as the capital importing countries, and the developed world as well. Transnational corporations' environmental violations raise questions as to their probable Human rights and environmental obligations, if any. A great challenge for imposing binding obligations on these non-state actors is their legal character, let alone their extraordinary power and reluctance. Hence, most of the norms and principles in this context are considered to be part of soft law. Meanwhile, international environmental law, as one of the branches of international law, has some emerging standards. In this study we have examined the most prominent international environmental standards and guidelines, which can be followed by corporations for a sound environmental performance. However, it is expected that these emerging standards will change to hard law.

Keywords

• transnational corporations
• international law
• environment
• environmental norms