[IntLawProfessors] TNC's international obligations

[Don Anton]

Dear Colleagues,
 
This post picks up on part of the exchange that Caroline Foster's post on ITLOS Case No. 17 back in early March prompted on international obligations of private parties.  
 
In particular, I'd like to learn thoughts you may have about the operation of Art. 36 (former Art. 35 until the Protocol of Washington entered into force) of the Charter of the Organization of American States. I am interested to see whether you think this provision subjects the activities and omissions of TNCs ("shall be subject") to the provisions of all "international treaties and agreements" in particular OAS countries in which they operate.  In other words, do TNCs not only need to be mindful of municipal legislation, but also all treaties which are binding (regardless of "transformation" that may be constitutionally required).
 
 Art. 36 provides:


Transnational enterprises and foreign private investment shall be subject to the legislation of the host countries and to the jurisdiction of their competent courts and to the international treaties and agreements to which said countries are parties, and should conform to the development policies of the recipient countries.
Kind regards,
DA
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