Theoretical Reflections on the Characterization of the International Responsibility of Transnational Corporations for Violations of Human Rights

Abstract

This study aims to examine the three main theories of international responsibility and its consequences as non-state actors from the categories of Andrew Clapham, seeking to build at the end of which the recognition of the subjectivity of so-called transnational companies. Before that, discusses how the process of globalization and reduction of state regulatory powers led to the emergence of new and powerful non-state actors in the international arena, such as transnational companies. It also aims to reflect how these have become bondholders under international human rights law, follow from this duty to repair, which underlies the need to discuss accountability. It also analyzes how the current international spaces of complaints about human rights violations are not sufficient or appropriate in the analysis of cases involving transnational companies, since they still recognize the states as the principal actors in the international system, thus suggesting the possibility of transformation this understanding.