Accountability of MNC in Relation to Human Rights Violations - Thesis Example

Running Header: Accountability of MNC in Relation to Human Rights Violations Student’s Name: Instructor’s Name: Course Code: Date of Submission: The Accountability of Multinational Corporations for Human Rights Violations: A Comparative Analysis of Legal Redress under the Australian Tort Claims Act Summary of the proposed study There are many multinational companies that are operating within their own jurisdictions and mandates. It is their duty to ensure that while the do so; they are governed by principles and morals. This is in relation to the people that work for them in foreign territory (Campbell 2004). Human rights violations are a heinous crime in many other areas all over the world. Many of these violations go unpunished without the victims receiving any form of compensation. This is in reference to the gross violations of their human and basic rights. This is at the time when they are in full duty for the companies and organizations that they work for. Over the years, many multinational companies are taking full responsibility for their actions. This is as a result of the stringent measures that are in place as a result of the global outcry in relation to human rights. Many countries and organizations have come together to ensure that there are systems in place that will deal with the issue of human rights abuses. As a result there are Acts, policies and legislations that have the duty and responsibility of dealing with the issue. It should be noted that whether the multinational companies agree to the issue or not, many have paid for the actions that they conducted at each and every step (Bachmann 2007). This is the case for those that have willingly or unwillingly violated any of the set human rights. The general perception of how the multinational companies are perceived strongly relies on how they conduct their affairs. Their overall growth, partnerships, mergers, rate of expansion and levels of profitability depend on how they generally conduct themselves. Many have stood up and have been accountable for each and every action that they have carried out. Many have been forced to reverse their stand in relation to the issue. This is through the application of legal redress that has had the general aim of ensuring that issues are resolved amicably between feuding parties (Lunney 2002). Purpose of the Proposed Study This study aims to draw an in depth analysis as to why accountability in multinational companies is essential. It aims to highlight the clear cut examples where human rights violations have occurred and how they were dealt with. This is for the essential purposes of ensuring that readers understand the connection. The study aims to concentrate solely on the aspects of legal redress. The study will cover the Australian Tort Claims Act (ATCA). It will give some examples of specific comparative studies that highlight the journey then and now. This is in reference to how the issues were addressed and the solutions arrived at during the entire process. It will also take time to show the differences between the Australian Tort Act and many other Acts that are in effect in several countries. This is for purposes of comparison and scrutiny of the Acts in the different jurisdictions. This will highlight the importance of both Acts in the different countries and how they affect human rights in respect to their connection to multinational companies. Relevant Background Literature Tort laws can be described as the legal binding laws that take into consideration the hurt inflicted on people. This is a result of any wrong things that may be done unto them in respect to their basic human rights. Their basic human rights cover aspects of negligence, misrepresentation or any malicious conduct by the defendant. At the end of the day, the plaintiff has the sole duty and responsibility of proving and showing that his or her rights were violated in one way or the other (Bachmann 2007). The legal redress route has been taken by individuals against multinational companies for a very long time. This was as a result of the perception that the individual who filed the lawsuits could never get any justice against the multinational companies. For a very long time, the multinational companies have been getting their way in one way or the other. Many countries from the developed to those developing have developed legal mechanisms to protect the people. In the USA, the private company Unocal received summons to answer to gross human rights abuses (Joseph 2007). This was in relation to the pipeline that they had set up in Burma. This was possible because the Federal Tort Claims Act (FTCA) was in full effect in the United States. It was introduced in 1946 after some families who had been aggrieved sued the federal government. In Australia, the tort laws are not represented by any specific legislation. There are very many allocations within the law that stipulate the legal practices in any situation will change as a result of any problems experienced. This means that if there are issues that have contributed to the gross human abuse of any individual, the person has the power to seek legal redress. The redress will have the capacity to come forth and cater for the specific situation and not any other situation. Each legal redress is seen and dealt with as a special aspect of what it entails (Zerk 2006). This means that two people could have experienced the same situation in one or two ways. The situation will have to be dissected and the specific ruling applied to the issue in question. This is depending on the aspects of the case and the actions of each and every person involved. There are very many tort acts that deal with many specific situations. There are those that specifically deal with negligence, misrepresentation of any kind, occupation or possession of land among very many others. They all aim to take care of specific issues that may arise. This is for the sole purpose of ensuring that it is very possible for the rights of each and every individual to be upheld at each and every point. After a long period it was practically impossible for private actors to seek redress on human rights violations especially in foreign territory. This was reversed in 1990 when the laws allowed private entities to sue private companies and organizations (Gardner 1998). As mentioned above the Unocal versus the Doe civil lawsuit paved the way for many others to follow the same path (Joseph 2007) There were very many instances and situations where the corporate societies and companies were required to step up. They were not only required to fulfill their corporate mandate, they were required to ensure that at each and every step, they were accountable for the individual lives of the people that worked for them or lived around them. This ensured that the multinational companies were taking the time to take heed of the various expectations that were required of them. This included the capacity to stand firm and match their expectations with those of all the others around them. This meant that their level of accountability had to be stepped up. The people around them had received education on what constituted of human rights violations and they were not sitting back waiting for their rights to be violated. It was the deep connection to the efficient justice system that many people begun to take heed of their rights. In many instances, it was clear that the strict adherence to the human rights of everyone involved should be respected. Many multinational companies have the responsibility of ensuring that their level of accountability in respect to the issue is of the best quality. This is because they have a responsibility to ensure that apart from the corporate responsibility, they have a duty to protect human rights (Deakin 2008). This should be at all costs and means. Research Questions or Hypotheses 1. What is the Australian Tort Claims Act and how does it work? 2. What are some of the policies that have been set up to deal with human rights violations by multinational companies in Australia? 3. What are the notable examples of multinational companies that have been embroiled in legal redress as a result of policy violations? 4. What are the steps that have been taken and achieved since the introduction of the ATCA? Definitions of Key Terms used in the Proposal ATCA-Australian Tort Claims Act This is the law that defines the exact extent of the tort law and its operations in Australia. It is a combination of Acts and legislations that have been set aside to describe all the instances where the tort laws are applied and their general effect (Deakin 2008). HRV-Human Rights Violations Each and every human being has been protected by the law. This is in respect to their basic and unwarranted human and basic rights. These laws are stipulated in the constitution that governs each and every country. Violations occur when these basic rights are compromised in one way or the other. This could be willingly or unwillingly. MNC-Multinational Companies A MNC is one that has very many business operations in many other countries. Many MNC’s have the main headquarters in one country and other branches of the same company in many other countries. Accountability This is the process where any part is responsible for each and every action that they make. They are ready for the repercussions that are a result of their actions. The results could be either positive or negative depending on the action carried out. Legal Redress This can be described as the process where a plaintiff is paid and compensated for the wrongs that have been inflicted on him. This is by a defendant who is normally guilty of the wrong actions that caused the plaintiff either physical or emotional harm. Research Methodology The proposal will concentrate on the analysis of the several issues that led to the introduction of the ATCA. This is in Australia and other countries that have embraced the tort act and its effects. It will analyze both print and electronic sources that have covered multinational corporations that have violated human rights and the aspects of redress that they had to encounter (Lunney 2003). This will create an avenue for the study to help many to understand what the act is about and how it works. The study will also concentrate on the analysis of the act in Australia and it long and short term effects (Van Gerven 2001). Significance of the Research The research will benefit future researchers to understand how the Act works. This will ensure that once it is understood, it would be possible to deal with the issues of human rights. The study will also be very significant to many people who are affiliated in one way or the other to multinational companies. They will understand their rights and what should be done in the event that they are violated. This will create basis for them to understanding their legal and basic rights that will ensure the issue is adequately dealt with. Ethical Considerations All the information collected shall be dealt with in the most confidential way possible. The cannons of research shall be adhered to in each and every instance as the general aim and purpose of the study is conducted at each and every step of the way. All information quoted from any source shall be credited to the original author. This is to avoid all forms and acts of plagiarism. Timetable for the Research The research shall be conducted in steps. The steps will be well coordinated to ensure that it is possible to cover all the areas. The timeline for the study to be conducted will be three years. The years will be broken down into manageable months where the specific areas of the study will be looked into. This will create an avenue for the hypothesis and research questions to be understood and researched on. Jan-March April-June July-Sept Oct-Dec 2012 Critical analysis of the Act. Understanding of what the Act stipulates in Australia. Comparison of the ATCA and other Tort Acts in other countries. Understanding and analysis of the general term of human rights. 2013 Critical analysis of HRV and their connections to multinational companies. Study of MNC that have been involved in HRV. Comparison as to how this MNC in Australia handled themselves. Mapping out of the specific steps that are required by the parties involved in the redress. 2014 Compilation of the draft findings of the study. Comparison and counterchecking of the findings arrived at from the study. Further analysis and consulting of the refereed sources that have been used in the study. This is for purposes of conclusive findings. Compilation of the final results. Anticipated Problems and Limitations One of the major problems that will be encountered is dealing with the issues of Acts and Laws. This is a problem because in many instances, the law can be interpreted in so many ways. This ways generally affect the final interpretation of many of the set laws and how they are applied. The cooperation of sample MNC in relation to the topic at hand will also be a great limitation (Deakin 2008). The information in very many of the sources to be applied in the research methodology will have to be confirmed. This will require the full cooperation of many of the MNC’s that have been mentioned in one way or the other. The limited finances will also prove a tricky situation. This is because they will limit the scope that the study aims to cover. Resources Required for the Research One of the most essential resources that are needed to conduct this research is time. Time will ensure that it is possible for all aspects and areas of the study to be covered during the research process. Finances will also be needed to ensure that whatever needs to be done is concentrated on at each and every step of the way. The general input and knowledge of all the involved parties is also a valuable resource that will create an avenue for the further analysis of all the presented facts and figures for purposes of confirmation. This will pave the way for the conclusive research and the research findings. These are some of the most valuable resources that will be needed to ensure that the study is carried out in the most professional manner. It is ultimately the coordination of the resources that will ensure that it is possible to arrive at the most credible results to the study. This is because it will be easy to make the correct factual findings out of the most hypothetical situations that have been presented. Conclusion It is the duty of every MNC to ensure that it has adhered to the set laws and legislations in relation to HRV. It is the duty of every individual to ensure that they know their rights and the right channels to follow in the event that their rights have been violated. This is the only way that a just system will be created and maintained. References Bachmann, SD, 2007, Civil Responsibility for Gross Human Rights Violations: The Need for a Global Instrument, New York, PULP. Campbell, T, & Seumas, M, 2004, Human Rights and the Moral Responsibilities of Corporate and Public Sector Organisations, New York: Springer. Cardozo, BN, 1957, An Introduction to Law. Cambridge: Harvard Law Review Association. Carvan, J, 2002,  Understanding the Australian Legal System, Sydney, Lawbook Co. Crane, M, 2003, FDA Might Reconsider 10-Year Silicone Ban. Columbus, Columbus Dispatch. Deakin, J, & Markesinis, F, 2008, Markesinis & Deakin's Tort Law. Oxford: Oxford University Press. Gardiner, D, & McGlone, F, 1998, Outline of Torts: Citing McGuire v Union Steamship Co of New Zealand Ltd, New Zealand, Butterworth Publishers. Hart, HLA, 1961, The Concept of Law. Oxford, Oxford University Press. Joseph, S, 2007, Corporations and Transnational Human Rights Litigation, Australia, Hart Publishing. Llewellyn, KN, 1986, The Bramble Bush," in Karl N. Llewellyn on Legal Realism. Birmingham, AL: Legal Classics Library. Lunney, M, & Oliphant, K, 2003, Tort Law - Texts, Cases, Oxford, Oxford University Press. Marcia, A, 1997, Science on Trial: The Clash of Medical Evidence and the Law in the Breast Implant Case, New York, W. W. Norton. Patrick, P, 2001, Tradition and Change in Australian Law. Sydney, LBC Information Services. Rosemary, B, 2007,  The Law Handbook, Sydney, Redfern Legal Centre Publishing. Stewart, MW, 1998, Silicone Spills: Breast Implants on Trial. Westport, Conn, Praeger. Van Gerven, W, et al, 2001, Cases, Materials and Text on National, Supranational and International Tort Law. Oxford: Hart Publishing. Zerk, JA, 2006, Multinationals and Corporate Social Responsibility: Limitations and Opportunities in International Law, New York, Cambridge University Press. Appendix Jan-March April-June July-Sept Oct-Dec 2012 Critical analysis of the Act. Understanding of what the Act stipulates in Australia. Comparison of the ATCA and other Tort Acts in other countries. Understanding and analysis of the general term of human rights. 2013 Critical analysis of HRV and their connections to multinational companies. Study of MNC that have been involved in HRV. Comparison as to how this MNC in Australia handled themselves. Mapping out of the specific steps that are required by the parties involved in the redress. 2014 Compilation of the draft findings of the study. Comparison and counterchecking of the findings arrived at from the study. Further analysis and consulting of the refereed sources that have been used in the study. This is for purposes of conclusive findings. Compilation of the final results. Read More