Patricio Masbernat, Gloria Ramos-Fuentes

Tariffs and non-tariff measures on multinational corporations linked to compliance with human rights standards

Introduction

Tariffs and non-tariff measures on multinational corporations linked to compliance with human rights standards . Explore state use of tariffs & non-tariff measures to regulate multinational corporations, ensuring human rights compliance and resolving community conflicts.

Abstract

Multinational and transnational corporations operate worldwide, creating a dynamic in which their private interests often do not align with the interests of the countries in which they operate or the communities affected by them. The main problem arises when they affect not only the public interests of the host governments but also the rights of communities and the human rights of their members. There have been some efforts by the United Nations to establish standards or regulations in this area, which have not yet been finalized. However, the important thing is that the issue remains of interest to the international community and experts, who continue to offer solutions to these problems. This paper analyzes the above specifically, and explores tariffs and non-tariff measures as mechanisms for states to regulate these corporations.

Review

This paper addresses the critically important and ongoing challenge of regulating multinational corporations (MNCs) to ensure their compliance with human rights standards. The abstract effectively highlights the inherent tension between corporate private interests and the public interests and human rights of communities in host countries, acknowledging the current void in finalized international regulatory frameworks despite UN efforts. The core objective of exploring tariffs and non-tariff measures as state-level mechanisms to regulate MNCs on human rights grounds is both timely and highly relevant to current debates in international law, trade, and corporate accountability. A significant strength of this proposed research lies in its specific focus on economic policy instruments—tariffs and non-tariff measures—as tools for human rights compliance. This approach offers a potentially innovative avenue for states to exert influence, moving beyond voluntary corporate social responsibility initiatives or nascent international norms. If rigorously developed, the analysis could provide valuable insights into practical, enforceable policy options for governments grappling with corporate human rights abuses. The relevance of such mechanisms in an era of increasing supply chain scrutiny and demands for corporate accountability is undeniable. To fully deliver on its promise, the complete paper would need to thoroughly articulate the analytical framework underpinning the proposed mechanisms. Key areas for elaboration include specifying the *types* of tariffs and non-tariff measures envisioned, detailing the *legal and economic pathways* through which they would compel human rights compliance, and critically assessing their *feasibility and effectiveness* in diverse national and international contexts. A robust discussion of potential challenges, such as WTO compatibility, the risk of retaliatory measures, and the practical enforcement complexities, would be essential to establish the practical utility and robustness of this intriguing proposition.

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