Workshop presentation
European proposal
Multinational companies should be submitted to efficient rules that guarantee the prevention and the compensation of their negative impacts in terms of human rights and respect of the environment.
Such rules should not be considered by China and Europe as obstacles to economic activities but on the contrary as a way to integrate the notion of public interest in the daily management of multinational companies.
The main characteristics of multinational companies, that is to say the principles of legal autonomy of entities that compose a group of societies on one hand and limited responsibility on the other hand, should not be obstacles to a fair compensation of the damages caused by their activities.
The victims should be able to raise their voice and to be heard wherever they are and whatever their human and material resources are. It is about exploring the conditions of access to justice in the litigations that involve several jurisdictions.
It is a matter of questioning the definition of the company at a given moment of history when the influence of multinational companies is major and can become a factor of strategic progress in terms of global governance.
The implementation of harmonised rules enforceable to multinational companies represents one of the most complex challenges. Europe and China, with their legal culture and their way to apprehend globalization can opportunely explore the existence of common denominators, which is favourable to the emergence of a shared vision of the role of the company on the XXI Century.