In the context of globalization, multinational corporations significantly impact human rights, with violations increasingly scrutinized, especially in developing countries. These issues stem from power imbalances, where corporations exploit economic and legal advantages to evade responsibility. The current Human Rights Due Diligence (HRDD) framework attempts to address these through negotiation clauses but lacks mandatory enforcement mechanisms, leading to selective compliance and inadequate remedies for victims. This study addresses the core issue of overcoming "pseudo-negotiation" caused by resource inequality by introducing mandatory negotiation requirements. It explores mechanism designs to achieve substantive equality, ensuring victims receive fair treatment and effective compensation. This approach fills a research gap in HRDD implementation and shifts dispute resolution from "compliance checks" to "rights remedies." The study analyzes the deficiencies of the existing legal framework, using comparative studies, case analysis, and institutional design to propose an innovative mandatory negotiation mechanism. The aim is to provide actionable legal advice for multinational corporations' HRDD, promoting global human rights protection and offering theoretical and practical guidance for policymakers to enhance the legal framework.
Yu Lei (Wed,) studied this question.