Transnational corporations play important roles in improving international economic development, whereas they cause some environmental problems in host states. Through comparing and analysing possible legal mechanisms, the authors hold that extraterritorial application of home states’ law to transnational corporations for environmental governance is more hopefully to solve relevant environmental problems. And relevant theories and practices of current Code of Conduct Bills and Human Rights Due Diligence Laws are explored. In the meanwhile, to improve this legal mechanism, several obstacles need to be overcome. They are infringement of sovereignty, insufficient motivation, environmental regulation imbalance and legislation escape. Correspondingly, relevant problems can be solved through indirect control on foreign affiliates, multilateral actions, soft regulations, and so on.

Tian Zehua, Tang Xi. Study on Extraterritorial Application of Home States’ Law to Transnational Corporations for Environmental Governance. Academic Journal of Humanities & Social Sciences (2022) Vol. 5, Issue 3: 19-26. https://doi.org/10.25236/AJHSS.2022.050305.

[1] Gibney, M. 2011. “Toward a Theory of Extraterritoriality.” Minnesota Law Review Headnotes 12: 81-91.

[2] Meyer, Y. 2019. “The Effectiveness of Market-Based Initiatives for Regulating Development Projects by Multinational Corporations in African with Regard to Human Rights and Environmental Abuses.” African Human Rights Law Journal 19 (1): 126-150.

[3] Scott, J. and Rajamani, L. 2012. “EU Climate Change Unilateralism.” European Journal of International Law 23 (2): 469-494.

[4] UNCTAD. 2007. “World Investment Report 2007: Transnational Corporations, Extractive Industries and Development.”

[5] Anderson, M. 2002. “Transnational Corporations and Environmental Damage: Is Tort Law the Answer?” Washburn Law Journal 41: 399-425.

[6] Finger M. and Svarin, D. 2010. “Transnational Corporations and the Global Environment.” Oxford Research Encyclopedia of International Studies. doi: 10.1093/acrefore/9780190846626.013.489. 

[7] Cook, W. W. 1924. “The Logical and Legal Bases of the Conflict of Laws.” Yale Law Journal 33 (5): 457-488.

[8] Story, J. 2010. Commentaries on the Conflict of Laws, Foreign and Domestic: in Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions and Judgements. The Lawbook Exchange.

[9] Mann, F. A. 1964. The Doctrine of Jurisdiction in International Law. Leyden: A. W. Sijthoff.

[10] Deva, S. 2004. “Acting Extraterritorially to Tame Multinational Corporations for Human Rights Violations: Who Should Bell the Cat.” Melbourne Journal of International Law 5 (1): 37-65.

[11] Seck, S. L. 2012. “Home State Regulation of Environmental Human Rights Harms as Transnational Private Regulatory Governance.” German Law Journal 13: 1363-1385.

[12] Rajagopal, B. 2003. International Law from Below: Development, Social Movements and third World Resistance. Cambridge University Press. doi: 10.1017/CBO9780511494079.

[13] Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas.

[14] Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010. Gilligan, E. 2019. “Mandatory Human Rights due diligence: An Issue Whose Time Has Come.” https://corporatejusticecoalition.org/news/issue-whose-time-come/.

[15] European Parliament, Committee on Legal Affairs. 2020. “Draft report with recommendations to the Commission on corporate due diligence and corporate accountability.” 2020/2129(INL).

[16] Ku, J. and Yoo, J. 2013. “Globalization and Sovereignty.” Berkeley Journal of International Law 31: 210-235.

[17] Jensen, N.  M.  and Malesky, E. J. 2018. “Nonstate Actors and Compliance with International Agreements: An Empirical Analysis of the OECD Anti-Bribery Convention.” International Organization 72 (1): 33–69. doi:10.1017/S0020818317000443.