Environmental Harm and Human Rights Violations by Multinational Corporations: Legal and Institutional Perspectives under the Revised Binding Treaty
Samuel Onowugbeda
Abstract
This paper undertakes a critical appraisal of the legal and institutional frameworks designed to address human rights violations perpetrated by multinational corporations (MNCs), with a particular focus on environmental degradation and its implications for affected communities. Drawing on the Revised Draft Legally Binding Instrument (2020), the work interrogates whether the existing global governance architecture is equipped to respond effectively to the complex challenges posed by transnational business operations. The analysis situates MNCs within the broader discourse on corporate impunity, extraterritorial jurisdiction, and the increasing demand for accountability in cases of environmental harm and socio-economic disruption. While acknowledging the treaty’s progressive elements—particularly its recognition of victims' rights, environmental remediation, and corporate liability—the paper also highlights structural gaps, especially regarding enforcement mechanisms and state-centric obligations. Ultimately, the study calls for a recalibration of international legal tools to ensure that human rights, including those linked to environmental integrity, are not subordinated to commercial interests in an increasingly globalized economy.
