The Obligations of Transnational Corporations in the Global Context. Normative grounds, real policy, and legitimate governance

Abstract

This article argues that our prevailing notion of obligations is inadequate for regulating large-scale problems. Collective actors, especially corporations, should be recognized as having obligations in human rights issues as they are much better prepared to deal with complex problems than individuals. Secondly, it is argued that ascribing such obligations is not loftily idealistic, but has its roots in current political phenomena. Contemporary international law and non-legal arrangements create an institutional framework that pressures collectives to justify their actions. Nevertheless, some of these new modes of governance lack legitimacy because they neglect the participation of the individual.