Governance and responsibility of multinational enterprises
Matach, Maria Fernanda
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Today no regulation adequately makes multinational enterprises (MNEs) comply with minimum human rights, labor, and environmental standards. Although there are many international initiatives and corporate codes, they lack enforcement mechanisms sufficient to ensure compliance. Further, individuals attempting to litigate claims against MNEs have to overcome many obstacles, such as piercing the corporate veil and forum non conveniens dismissals. A positive change will occur if developing countries jointly set minimum standards and focus on implementation and enforcement. It is also recommended that the international community support this process by exerting pressure on a country or MNE that is not complying with the minimum standards. Finally, it is very important to make litigation against MNEs an available remedy for individuals by providing adequate forums, I revising corporate law to prevent the evasion of responsibility by assertion of the separate entities principle, and applying a more sensitive forum non conveniens doctrine.