On May 6, 2022, the thirty-seventh keynote speech of the "Fudan Transnational Corporations and Law Forum" was held successfully online. The speech entitled "Home Country Litigation against Multinational Corporations for Overseas Infringements" was delivered by Professor WANG Xiumei of Northwestern University Law School, commented by Professor HAN Xiuli of Xiamen University Law School and Professor ZHANG Sheng of Xi'an Jiaotong University Law School, and hosted by Professor MA Zhongfa of Fudan University Law School.

Professor WANG started the lecture with the difficulties in effectively regulating the overseas infringements committed by transnational corporations. Professor WANG illustrated this issue by taking the case of Nestle as an example and identified the following major obstacles: territorial and personal jurisdiction, complex corporate structure, different applicable laws in different countries possessing concurrent jurisdictions, corporates' independent legal personalities, etc. To tackle these challenges, the international community of states has come up with some non-binding instruments, such as the Guidelines for Multinational Enterprises issued by the OECD and General Comment No. 24 of the United Nations Economic, Social and Cultural Commission.

Professor WANG then introduced the biggest obstacle to holding transnational corporations accountable for overseas infringements: successfully establishing a compensation claim. As is exemplified by the Bhopal case, the underdeveloped legal system of host countries, host countries' unwillingness to exercise jurisdiction, and the inadequate property of foreign investors located in the host country to cover the claimed compensation are common challenges that prevent victims from seeking compensation from transnational corporations.

After introducing several classic cases, Professor WANG categorized transnational corporations' overseas infringements into the following types: environmental infringement (as an indirect infringement of human rights), forced labor, the right to health, crimes against humanity, etc. Professor WANG further identified four major types of actors which commit overseas infringements in the context of transnational corporation governance: a subsidiary of transnational corporations, police or private security staff employed by subsidiaries of transnational corporations, associated corporations under a complex corporate structure resulting from merges and acquisition, and enterprises in the supply chain of transnational corporations. Professor WANG analyzed in detail the three grounds to hold transnational corporations accountable, including customary international law, the parent company's duty of care, and piercing the corporate veil.

Lastly, Professor WANG introduced infringement litigations that Chinese enterprises investing abroad would likely encounter, the possibilities of foreign victims claiming compensation in China, and how to handle such claims.

In the comment session, Professor HAN contributed insightful opinions on suing transnational corporations for overseas infringements in their home countries from the perspective of promoting the foreign-related rule of law in China.

Professor ZHANG suggested a more active role to be played by international law in regulating the activities of transnational corporations in light of the recent development trend of most up-to-date international investment agreements.

On May 13, the Forum will host the thirty-eighth keynote speech entitled "The Reform of the New Generation of International Investment Treaties and Its Influence over TNCs" by LIU Sun, Professor of South China Normal University Law School.