International Law, Transnational Corporations, and Human Rights: An Approach to the Political and Economic Conditions and the Actors Involved

Abstract

This article analyzes the relationship between international law, transnational corporations (TNCs), and human rights, highlighting the political, economic, and social conditions that influence this dynamic. Driven by globalization, TNCs have accumulated power that challenges the regulatory capacity of states, especially in developing countries. Historically, attempts to regulate them have ranged from proposals for binding treaties to voluntary corporate social responsibility mechanisms, such as the Global Compact and the UN Guiding Principles, although the latter have been criticized for their lack of effectiveness. The roles of the actors involved are also examined: TNCs, which often evade responsibility; states, divided between geopolitical interests; and civil society, which plays a key role in reporting violations. The conclusion is that the problem lies in an imbalance of power and a struggle of interests, underscoring the need for political solutions so that international law can be effective in protecting human rights in the face of corporate power.