Liability of Directors of Transnational Corporations under Criminal Law in the International and Transnational Context Cover Image

Odpowiedzialność osób zarządzających w transnarodowych korporacjach w prawie karnym – aspekty międzynarodowe i transnarodowe
Liability of Directors of Transnational Corporations under Criminal Law in the International and Transnational Context

Author(s): Kamil Boczek
Subject(s): Criminal Law, International Law, Commercial Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: transnational corporation; International Criminal Court; contribution; international accountability

Summary/Abstract: Owing to increasing globalisation, transnational corporations play an important role in international trade. Those wealthy and very complex entities have a major impact on reality and often engage in activities which involve illegal practices such as the environmental pollution, forced labour and other serious infringement of employees’ right or even crimes against humanity. Carrying on business which is primarily profit-oriented may result in violations of fundamental human rights, if this is required for a corporation to financially exploit a business opportunity. It is difficult in practice to hold these entities and their corporate directors to account. Regulations regarding criminal responsibility of managers of transnational corporations can be found in national and international laws. However, criminal proceedings do not give satisfactory results. The main problem lies in powers, flexibility and close links of those corporations with local authorities. The paper points to different solutions applied throughout the world, and describes the best-known criminal proceedings against corporate managers.

  • Issue Year: 30/2020
  • Issue No: 4
  • Page Range: 75-96
  • Page Count: 22
  • Language: Polish