IGWG on TNCs and other businesses: Day 4, Panel VII, morning: A legal liability standard must be binding | RIDH's blog
…What standards for corporate legal liability and for what conduct? A broad consensus could be observed in regard to the binding character the legal liability standard should have…S. Deva, emphasised the necessity that the standard developed need to be fair, for victims in particular but also for enterprises…Deva concluded with the recommendation to create specific guidelines and rule of conducts for lawyers defending enterprises accused of human rights abuses…R. Suarez, emphasised the necessity to focus on urgent needs of victims and on the conduct rather than on standards in order to guarantee legal liability of TNCs…C. Lopez, reminded the audience that harmful conduct could be committed by natural and legal person, on a national as well as on an international scale. It therefore is important…to tackle the issue from an international law point of view…He concluded with the advice to additionally include civil and administrative sanctions when qualifying criminal acts. S. Reid Smith…focused on giving a broad overview of already existing investor treaty provisions and how they could impede the implementation of a legal liability standard…Non-governmental organisations…echoed the need expressed by states to include private and military companies in the creation of a legal liability standard…