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Tanggung Jawab Perusahaan Transnasional terhadap Pelanggaran HAM dalam Perspektif Hukum Internasional

2. On-line Journal of Universitas Islam Indonesia

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Title Tanggung Jawab Perusahaan Transnasional terhadap Pelanggaran HAM dalam Perspektif Hukum Internasional
Creator Sefriani Sefriani
Description Recognition to transnational enterprise as a subject of  international  law is unclear . This phenomena caused by the old tradition in international law that the subject of international law is only the State. Many of conventions in international human right give  obligation to the State not to the non stateactor such as transnational enterprise. This reality awared international society that it is very important to build the responsibility system  for  transnational enterprise. The history showed that  inThe World War two many transnationl enterprise participate in human right  violation. Recent Days in the globalilization era the human right violation done by transnational enterprise occurred in many developing and least developing countries without law enforcement   from the local court. The Transnational enterprise hass  big power andmore  superior than the State. Thank God , now international society has a few of international law instrument as a progressive developing of international law that give  directly obligation toward transantional enterprise. Alhough that  the instrument were soft law and have many weaknesses but the instruments can   be  international customary law, have legal binding to all of nations.  It is very urgent to buid new system of trasnational enterprise responsibility . It is very important also to learn and compare between the individual responsibility system   and State responsibility system in the human right violation because the transnational enterprise is an entity thetmore than individual person but less than the State.
Publisher Jurnal Unisia
Jurnal Unisia
Date 2009-04-07
Type Peer-reviewed Article
Format application/pdf
Source Jurnal Unisia; Vol 31, No 65 (2008)
Jurnal Unisia; Vol 31, No 65 (2008)
Language en