Extraterritorial Application of International Human Rights Conventions——From the Perspective of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations

The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.

Corporate Social Responsibility Projects by Transnational Oil Corporations in Nigerian Niger Delta Region： The Experiences of Selected Oil Producing Communities

A well-known fact about the Nigerian Niger Delta region is incessant conflicts between the oil transnational corporations （Oil TNCs） and the oil producing communities. This could be attributed to the fact that the activities of Oil TNCs have continued to unleash untold devastation on the environment of the oil producing communities and its consequences on the local economy and by extension the total obliteration of the livelihood of the inhabitants of the area. Therefore, the Oil TNCs are increasingly becoming conscious of their devastating impact on the ecology of the area and their blatant disregard for the socio-economic development of the host communities. Consequently, the Oil TNCs have come to embrace the idea of executing Corporate Social Responsibility （CSR） projects as a vehicle to intervene meaningfully in order to mitigate the adverse effect of their operations in host communities. This paper attempts a review and analysis of CSR practices of the two major Oil TNCs in Bayelsa State： Shell and Agip in six host communities： Olugboboro, Olugbobiri, Ikebiri 1, Oporoma, Angiama, and Peremabiri in Southern ljaw local government area. The key question explored in this study is： Has the practice of CSR in the Nigerian Niger Delta region by Oil TNCs brought about socio-economic development and drastic reduction in conflict between the host communities and the Oil TNCs？ The paper argues that CSR projects of transnational oil corporations in Nigeria are driven by short-term expediency rather than the long term development needs of host communities through the provision of poor quality social amenities to these communities in order to secure social license to operate. For transnational oil corporations to make positive impact in the Nigerian Niger Delta Region, their CSR projects should be long tern in nature, taking into consideration the sustainable development needs of the local communities. The CSR projects should be in the form of high quality social amenities and environmental rehabilitation and protection, which could serve the needs of the present and future generations.

Analysis of TEDA's Present Situation in Drawing Capital from Transnational Corporations and Its Measures

Ⅰ. The present Situation of Transnational Corporations’ Investment in TEDA (1 ) General situation Since its founding ten years ago, especially since 1992. TEDA has achieved encouraging successesin undertaking major projects. drawing the attention of leading consortia, omnibearingly solicitingbusiness and drawing foreign capital. By September 30, 1994, TEDA had approved 2054 solely for-

Practice and Outlook of China's Regulation on the Extraterritorial Human Rights Responsibilities of Transnational Corporations

As China’s overseas investment and business operations continue to expand,the issue of human rights risks faced by Chinese transnational corporations abroad has attracted sustained attention from society.In recent years,China has enacted a series of laws,regulations,and policies to better regulate the overseas business conduct of transnational corporations,urging them to respect the human rights of the people in host countries and fulfill their social responsibilities to achieve sustainable development.Meanwhile,China has actively participated in the formulation of the Legally Binding Instrument on Activities of Transnational Corporations and Other Business Enterprises in International Human Rights Law,providing a Chinese solution to promote global governance of transnational corporations.However,in practice,the lack of institutional mechanisms,systems,and industry rules to supervise and guide transnational enterprises in fulfilling their human rights responsibilities,as well as the limited awareness of human rights risks among these enterprises,have resulted in ongoing human rights risks in their overseas business operations,particularly regarding labor rights and environmental rights.In response,China should take its national conditions into consideration and focus on the development trends of human rights issues in the business sector at the international level.Drawing on the experiences of other countries,China should explore and establish institutional and practical measures to regulate the human rights responsibilities of transnational enterprises through legislation,administration,and judiciary actions,in order to address the risks and challenges faced by Chinese enterprises in foreign investments and contribute to the sustainable development of the world and global human rights governance.

New Developments and Challenges in the UN Norms on Human Rights Responsibilities of Transnational Corporations

With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.

Entrepreneurship corporate social responsibility and flexible innovation networks： On the interaction between TNCs＇ R＆D activities and local development

Entrepreneurship corporate social responsibility is concerned with obligations that should be undertaken by an enterprise or ＂enterprise citizen＂ to the society including interrelationship between enterprise and some related interest dependents. And it is a sense of value, discipline and respect to the people, community and environment-related policies of the enterprise. Obviously, the core of the notion refers to a commitment of the enterprise in order to improve living standard of related interest counterparts. Nowadays, entrepreneurship corporate social responsibility has been not only an ethical call, but also an institutional constraint. The consensus is that in operation process an enterprise should take into account of its economic, social and ethical effects on consumers, staffs, shareholders, communities, local governments and environment and make a better prospect to them. Based on this point of view, by field work and questionnaire method, this paper discusses specifically the interaction between TNCs＇ R＆D activities and local development of the Pudong New Area, a China＇s largest special economic zone in Shanghai to explore dynamics of the TNCs＇ R＆D activities, growth of the local economy and their roles in promoting flexible innovation networks for sustainable futures. This involves： a. notion of the entrepreneurship corporate social responsibility; b. current state and trend of TNCs＇ R＆D activities; c. mode and linkage tightness between TNCs＇ R＆D activities and the local economy; d. main problems of the TNCs＇ R＆D activities in Pudong; e. the context of flexible innovation networks; and f. manner and ways in creation of flexible innovation networks.

Heilongjiang Nationality Economic Development Corporation

The Heilongjiang Nationality Economic Development Corporation is a foreign trade enterprise approved by the Ministry of Foreign Trade and Economic Cooperation. After eight years, the corporation, co-established by many minority nationalities, has developed into a force in foreign trade, with transnational joint ventures, shipping, tourism and cultural interests.

Game Analysis for Intellectual Property Protection(IPP) of Multinational Corporations in the Context of R&D Internationalization

In order to explore the impact relationship between intellectual property protection(IPP) system and technological innovation,a game model was constructed.The system of IPP is a set of game rules to protect the innovation under the background of R&D internationalization.Only when the main parties abide by the system of intellectual property,can the self-interest and collective interest of the two sides be maximized.The government must strengthen the penalties for intellectual property right(IPR) violations,reduce the cost of IPP declaration,reduce the cost of the innovator's own rights protection,and increase the cost of imitate behavior of IPR.

New Development Trends of Contemporary Transnational Corporations

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Evaluate the Role of Socio-cultural Factors in the Global Localization of TNC Activity

As an increasing number of firms are exercising transnational operations to occupy markets and exploit location-specific factors,some scholars claimed that 'the world is flat' and the local particularities no longer matter for the 'invincible' transnational corporations(TNC).But I argue that there exist some socio-cultural factors in the host countries influencing the actions of TNCs.I point out six local factors which include social norms,local attitudes,class formation,family structure, religion,and consumption pattern.Social norms are regulating TNCs' activities and local attitudes in varying contexts are encouraging or resisting against the transnational operators.Class formation generates new demands benefiting TNCs ' expansion. Religion structure and family value are reshaping TNCs' operational practices in production as well as distribution spheres.The location-specific consumption patterns are transforming TNCs' operations,deepening their territorial embeddedness,or even exposing them to the danger of overlocalization.

On the overseas Production of the Transnational Corporations and the＂Industrial Hollowing＂ of Their Parent Countries

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Why Have Some Transnational Corporations Failed in China?

This article is intended to analyze past unsuccessful cases of transnational corporations(TNCs) in China, uncover the root causes, and suggest proper solutions. Based on ageneral review of unsuccessful cases of TNCs in China and a summary of comments onthese cases by scholars, entrepreneurs, journalists, and professionals from all fields of life,this paper is focused on such considerations as the position of China in the global strategiesof these TNC giants, management adjustment, market adaptation, public relations, anddifferences in management styles and culture values.

An analysis on investments of transnational corporation in China's car industry

The transnational corporations began investing directly in China's passenger car sector more than 2 decades ago, featuring characters unique in the world. This article, based on a case analysis, fully displays the characters of the transnational corporations in the process of entering the Chinese market, in regard to timing, partner choice, model distribution among different partners and the supplying system under the domination of their subsidiaries, and management of the networks and channels, and others.

彭罗斯对跨国公司的研究及其重要贡献

跨国公司理论一直将企业对外直接投资与其在母国国内的扩张割裂研究,且多是静态研究,彭罗斯对跨国公司的研究可弥补这一缺陷。作为企业成长理论的提出者和跨国公司研究的先驱,彭罗斯认为对外投资是企业成长的自然表现,企业的跨国经营和在国内的扩张并无本质差异,且是动态演进发展的。从企业成长理论出发,在母国国内设立多个分支机构、越出母国到东道国投资、在东道国国内设立多个分支机构可以统一于“三位一体”的、动态演进的分析框架中,中国和美国多家典型企业在国内外的扩张可诠释这一框架。引入空间费用和区位选择微观机制,企业成长理论可以一般性地、动态地解释公司在母国、跨国和在东道国的投资行为。

工商业与人权的司法救济:域外实践与中国因应

如何使以跨国公司为典型代表的工商企业侵犯人权行为的受害者获得有效司法救济,不仅是联合国所确立的工商业与人权领域的关键议题之一,也是完善公司海外侵权法律问责机制的重要内容。鉴于跨国公司母国与东道国之间的治理差距以及碎片化的国际法无法有效规制跨国公司海外侵权行为等原因,应用母国诉讼作为司法救济机制显得尤为重要。母国诉讼兼具跨国法与社会法的双重属性,处于公法与私法的交汇地带。由于不同法域政治现实和法律传统的迥异,母国诉讼的生成和演进有其不同的路径。以跨国公司民事责任为逻辑特征对母国诉讼进行类型化分析,可将其归纳为母公司责任案件与供应链核心公司责任案件。我国兼具跨国公司母国和全球供应链中重要国家的双重身份,对上述两类案件的法理依据进行阐释,有助于为我国应对母国诉讼提供因应性智力支持。

跨国公司侵害的司法救济困境:投资仲裁作为补充机制的比较优势

作为跨国公司在发展中国家造成环境及人权侵害(“跨国公司侵害”)的首要救济方式,母国诉讼对原告而言存在管辖权和法律适用层面的诸多障碍,而其优化受到司法主权领土属性的限制:国内层面,法院在跨国公司侵害救济中的能动立场受到行政分支制约;国际层面,母国法院管辖权扩张对东道国法治存在消极影响。上述问题的优化上限使母国诉讼难以独立化解跨国公司侵害的司法救济困境。对此,应将ISDS作为母国诉讼的补充机制。ISDS基于国家合意,不存在领土局限,具有突破母国诉讼优化上限的潜力。具体而言,管辖权方面,东道国可通过合同仲裁直接向投资者追责,或基于投资协定提起反请求,不受不方便法院等原则约束;法律适用方面,ISDS将海外子公司视为投资而忽视其人格独立,可将其侵害行为归责于母公司,且对国际法的适用相较于国内法院更为自由。此外,ISDS对公共利益的关注还能减轻国际投资保护对东道国管制主权的钳制,从源头上减少跨国公司侵害。

跨国公司投资与区域产业竞争力研究——以上海浦东新区为例

:区域竞争力应从产业层面进行研究 ,才有现实意义。在经济全球化下 ,国内市场国际化竞争趋势日益明显 ,我国即将加入WTO也要求国内各地区必须培育产业竞争优势。本文提出和评价了研究跨国公司对投资地产业竞争力影响的 5种方法 ,并以浦东新区为例 ,运用竞争力系数方法分析了跨国公司对浦东行业整体竞争力的影响 ,并就如何更好地利用跨国公司投资来提高区域的产业竞争力问题 。

美日欧跨国公司离岸服务外包模式的比较研究及启示

美国、日本和欧盟跨国公司分别采取的是倒T型、金字塔型和橄榄型离岸服务外包模式,这三种模式的发展背景和目的相同,但其形成基础、外包类型、管理方式和实施结果不同。通过对三种模式的比较,本文有针对性地给出了我国政府和企业承接服务外包的对策。

面对经济全球化的中国东西合作

21世纪是知识经济和经济全球化趋势主导的新时代,中国东西合作将迎来一系列全新的机遇和挑战。文章讨论四个问题:中国东西合作的重要新态势是与国际经济合作相互促进、联动发展;现代化交通、通信技术发展和信息化、虚拟化经济活动形式的出现,中国西部对外合作的区位劣势和距离障碍呈弱化趋势;跨区域公司、跨国公司正日益成为东西合作中的主体力量;由于旅游客流在各类要素流中的特殊地位和作用,旅游业合作可以成为今后一个阶段东西合作的重要突破口。

跨国公司在我国农业领域的技术锁定策略与对策研究

在激烈的技术竞争中,跨国公司主要通过技术锁定,加强东道国的技术依赖和减少技术产品效益外溢,维持其在核心技术上的垄断优势。本文通过对主要跨国公司在我国农业领域的专利布局和本土化组织渗透分析表明,跨国公司正通过知识产权部署和技术转移内部化在我国农业领域实施技术锁定策略。面对强大的跨国公司,我国国内研究单位和企业都很难成为与之抗衡的竞争对手。因此,本文提出了需要完善机制,最大限度地整合各方面资源,培育形成强大的市场主体,同时加强遗传资源、市场资源和知识资源管理,真正实现与跨国公司对等合作,在合作中求得独立发展的对策建议。