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International Law - Recent Projects

Accountability and Transnational Corporations: the potential for using civil claims

The effective legal accountability of TNCs for their activities in developing countries raises a whole series of challenging legal issues because of their legal and operational structures, combined with their cross-border activities. As one aspect of accountability, this project will examine the role that can be played by individuals in bringing private legal proceedings against the TNCs themselves. It will address, in particular, the question of whether the parent or controlling company of the TNC has a legal obligation to control or monitor activities in developing countries, and its enforceability in the courts of the TNC's home state.

While there are numerous international codes to promote socially responsible behaviour by TNCs, these are largely voluntary. A few international treaties require or enable states to regulate the behaviour of their nationals extraterritorially in respect of certain criminal activities by individuals (for example the OECD Bribery Convention) but there is no international agreement requiring standards to be set more generally for the activities of corporations overseas. In the absence of internationally agreed standards and enforcement mechanisms, this project addresses the existing civil law and litigation process as a possible existing source of rights and redress.

This project will explore the approach taken under the laws of different countries with regard to the existence of legal obligations on the parent company or senior management of the group to monitor and control the activities of its subsidiaries and whether any such obligations are enforceable by those harmed. It will also consider by extension the obligations of TNCs in relation to other associates such as partners and suppliers.

For information on the first part of this project see the Working Paper - Transboundary Accountability for Transnational Corporations: Using Private Civil Claims.

Principles on the use of force by states in self-defence

Do the rules of international law need elaboration or re-interpretation in the light of current challenges?

Principles of International Law on the Use of Force by States In Self-Defence
Elizabeth Wilmshurst, October 2005

Discussion group on ICRC Study on customary international humanitarian law

In collaboration with the British Institute of International and Comparative Law.

Perspectives on the ICRC Study on Customary International Humanitarian Law, edited by Elizabeth Wilmshurst and Susan Breau, was published in October 2007.