Multinational Corporations and Compliance with International Regulations Relating to the Petroleum Industry

This article is divided into three major sections. The first section defines the terms compliance and enforcement as they are used in this work. The second section contains an exposition of the traditional methods of compliance and enforcement, including their bases, scope, strengths and pitfalls. This part is divided into three subsections, each concentrating on a single method. The third section discusses an alternative approach of a norm of corporate behavior, emphasizing that ethical principles should be given legal teeth in international business and be integrated into the corpus of international law. The conclusion reached is that a concerted and disinterested application of a combination of traditional approaches with the proposed alternative approach will go a long way toward improving compliance and enforcement of international regulations

International Law and Business Practice : Corporate Accountability and Compliance Issues in the Petroleum Industry

This dissertation seeks to strengthen international law by incorporating and integrating multinational corporations more fully into the international legal system. It argues that the undeniable role of multinational corporations as primary players in the global economy and international politics necessitates or demands adequate acknowledgement in the international legal structure. Accordingly, due recognition should be accorded the rights and privileges of multinationals. Concomitant to that, corresponding duties and responsibilities should be attached to these corporate entities in international law. Many far-reaching advantages will flow from such development. The corporations will enjoy de jure protection, which would enhance their business operations across countries. Their integration into the international scheme of things will also ensure that contrary to what obtains within the extant legal landscape, corporations are held accountable for their actions that have huge social, economic and environmental impact on the communities in which they operate and the globe as a whole. Finally, the triple problems of implementation, compliance and enforcement that have hung on the neck of international law as an albatross will be brought under control, as multinational corporations which contribute to the present unpalatable scenario in some form or the other, would be placed in a position that is antithetical to the current state of affairs. Thus, this work, using the oil industry and existing international agreements and domestic instruments in that area, takes the innovative track of linking the compliance problem in international law with the corporate accountability question. Addressing the latter is tantamount to removing some of the obstacles that impede the achievement of the former, making imperative an approach that considers this linkage as an important issue

International Law and Business Practice : Corporate Accountability and Compliance Issues in the Petroleum Industry

This dissertation seeks to strengthen international law by incorporating and integrating multinational corporations more fully into the international legal system. It argues that the undeniable role of multinational corporations as primary players in the global economy and international politics necessitates or demands adequate acknowledgement in the international legal structure. Accordingly, due recognition should be accorded the rights and privileges of multinationals. Concomitant to that, corresponding duties and responsibilities should be attached to these corporate entities in international law. Many far-reaching advantages will flow from such development. The corporations will enjoy de jure protection, which would enhance their business operations across countries. Their integration into the international scheme of things will also ensure that contrary to what obtains within the extant legal landscape, corporations are held accountable for their actions that have huge social, economic and environmental impact on the communities in which they operate and the globe as a whole. Finally, the triple problems of implementation, compliance and enforcement that have hung on the neck of international law as an albatross will be brought under control, as multinational corporations which contribute to the present unpalatable scenario in some form or the other, would be placed in a position that is antithetical to the current state of affairs. Thus, this work, using the oil industry and existing international agreements and domestic instruments in that area, takes the innovative track of linking the compliance problem in international law with the corporate accountability question. Addressing the latter is tantamount to removing some of the obstacles that impede the achievement of the former, making imperative an approach that considers this linkage as an important issue

Exhaustion of Local Remedies in Alien Tort Litigation: Implications for International Human Rights Protection

This Article looks at the scope and application of the local remedies rule in international law and the implications of its introduction in ATS litigation. As has been the case in the rule\u27s introduction to human rights proceedings in other settings, its application in ATS litigation could mean additional work for the courts in fashioning the right way to interpret and apply the rule. For victims of human rights abuse who are seeking justice in the United States, it may not herald a lot of changes, although it could still make their quest a little more difficult. However, it could be a harbinger of broad public policy changes if properly utilized. These changes could redound to the benefit of the countries where human rights abuses constantly take place and may also lead to a more progressive development of the international law of human rights. Part I discusses the local remedies rule under general international law, while Part II undertakes a similar assignment with regard to international human rights law. In these two parts, the rationale and advantages of the rule are highlighted including the prevention of occasions for potential international irritation or interstate tension, promotion of peaceful co-existence of States, avoidance of counter-productivity, and facilitation of a higher or voluntary adherence to the relevant international instruments by States Parties. Part III focuses on the application of the local remedies rule in litigation under the TVPA. This part will also provide an applied speculation of the possible implications of an ATS exhaustion requirement for plaintiffs. Part IV examines the public policy implications of the introduction of the local remedies rule in ATS litigation. Generally speaking, attending to the dictates of the doctrine could provide a channel for vibrant political practices and judicial structures in human rights-abusing countries. It could also be fashioned into an avenue for strengthening international institutions and mechanisms for the promotion and protection of human rights. Part V is the conclusion