Multinational Enterprises and Environmental Degradation--What Makes Multinational Enterprises Hard to be Held Accountable and Solutions

Authors

  • Yuling Zhang
  • Hao Zhao
  • Manqi Zhu

DOI:

https://doi.org/10.54097/hbem.v7i.6933

Keywords:

Environmental Issues, Multinational Enterprises, Limited Liability.

Abstract

How to pursue legal accountability of multinational enterprises damaging the environment outside their home countries is an urgent problem pending to be solved, especially when environmental issues caused by them are becoming the primary driver of global environmental degradation. To circumvent their accountability to pay for what they have done to the environment and people living there, parent companies usually justify their innocence through the idea of independent accountability their subsidiaries legally have. This article will focus on reasons and difficulties in making parent companies directly responsible for environmental degradation caused by their subsidiaries and finally put forward theoretical and practical solutions that can be taken by home countries and internationally to regulate MNEs so as to surmount the problem. Through these efforts, not only will it be easier for environmental victims to seek justice in the foreseeable future, but the global environmental degradation caused by MNEs will be substantially prevented.

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References

Krishnan, Jayanth K. "Bhopal in the Federal Courts: How Indian Victims Failed to Get Justice in the United States." SSRN, 3 Sept. 2019.

Ming Jiang, Cai Shouqiu," A study of the forum non conveniens principle in the Bhopal case--And a discussion of the environmental legal liability of multinational corporations." Journal of Huazhong University of Science and Technology (Social Science Edition) 23.04, 2009: 39-42. doi:10.19648/j.cnki.jhustss1980.2009.04.007.

Petrin, M., Choudhury, B. Group Company Liability, Eur Bus Org Law Rev 19, 771–796 (2018).

OCED, Environment and the OECD Guidelines for Multinational Enterprises Corporate Tools and Approaches, March 25 2005, November 6 2022, https://www.oecd.org/env/34992954.pdf.

Michael Bamidele Fakoya, "Forced internalization of external environmental cost: experience of a South African Company", In: Environment, Development and Sustainability, 2014, 16: 797-807.

D. Kokkini-Iatridou and PJIM de Waart, "Foreign Investments in Developing Countries -Legal Personality of Multinationals in International Law", In: Netherlands Yearbook of International Law, 1983, 14: 87-131.

Barnali Choudhury and Martin Petrin, Corporate Duties to the Public, Cambridge University Press, Cambridge, p94, 2019.

Amelia Tuminaro, Is There Hope For The Global Environment? A Discussion Of Prospective Parent Corporation Liability For A Subsidiary'S Environmental Practices Abroad, New Solutions, 2003, 13(2): 173-189.

King, James A., Kayser-Roth, Joslyn, and the Problem of Parent Corporation Liability under CERCLA, Akron Law Review, 1991, 25(1): 123-154.

Richard S. Farmer, Parent Corporantion Responsibility for the Environmental Liabilities of the Subsidiary: A Search for the Appropriate Standard, Journal of Corporation Law, 1994, 19(4): 769-808.

Pat Akey And Ian Appel, The Limits Of Limited Liability: Evidence From Industrial Pollution, The Journal Of Finance, 2021, LXXVI (1): 5-53.

Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares Brett Mares, Amy Pikovsky, Andrew Whitney, and Laura Wilson, "Environmental Justice and the BP Deepwater Horizon Oil Spill", In: NYU Environmental Law Journal, 2011, 20, Forthcoming.

Lucas Roorda and Daniel Leader: Okpabi v. Shell and Four Nigerian Farmers v Shell: Parent Company Liability Back in Court, In: Business and Human Rights Journal, 2021, 6: 368-376.

Linda Greer, "Multinational Corporations and Supply Chain Responsibility: Who Is Stepping Up on Pollution from Manufacturing, and Who Hopes You Will Pay No Attention?", October 22 2015, November 6 2022, https://www.nrdc.org/experts/linda-greer/multinational-corporations-and-supply-chain-responsibility-who-stepping

Itzhak Ben-David, Yeejin Yang, Stefanie Kleimeier and Michael Viehs: Exporting Pollution: Where Do Multinational Firms Emit CO2? In: Economic Policy, 2021, 36: 377-437.

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Published

05-04-2023

How to Cite

Zhang, Y., Zhao, H., & Zhu, M. (2023). Multinational Enterprises and Environmental Degradation--What Makes Multinational Enterprises Hard to be Held Accountable and Solutions. Highlights in Business, Economics and Management, 7, 127-134. https://doi.org/10.54097/hbem.v7i.6933