Transnational Corporations in the Extractive Industries Operating in Conflict States: How Far Should Corporate Citizenship Extend?

Abstract

Most of the discussion by academics and practitioners regarding international governance has been state-centred. Little research has explored the obligations of nonstate actors in conflict zones under international human rights law and international humanitarian law, although this is an issue that is particularly relevant for transnational corporations (TNCs). This research focuses on situations when TNCs in the extractive industries are operating in states that are in conflict and where there is a serious threat to human security. The evidence shows that TNCs, when operating in conflict states, may have non-binding obligations under international human rights law and international humanitarian law. The potential application of both sets of laws on TNCs is an issue that has implications for various stakeholders. These implications are outlined for TNCs to guarantee the promotion of human security under international human rights law and humanitarian law, in order to ensure the wellbeing and dignity of individuals.