TRANSNATIONAL CORPORATIONS’ ENVIRONMENTAL IMPACT: SOFT AND HARD LAW APPROACHES

Abstrak:

This article examines the issue of international legal regulation of the negative environmental impact of transnational corporations (TNCs). It substantiates the necessity of international mechanisms due to the insufficiency of national laws and the transboundary nature of the harm caused. The works of Andrew Clarke, Lisa Benjamin, and Yue Lin are analyzed, highlighting how the traditional principles of corporate law (shareholder primacy and short-term profit) must be reconsidered in the context of the climate crisis, and the concept of the “sustainable corporation” is presented. The theoretical section provides a comparative analysis of key international instruments such as the UNGP, OECD Guidelines, CSDDD, and the Aarhus Convention. Differences between soft law and mandatory mechanisms, the “Brussels effect,” due diligence, and the problem of greenwashing are discussed. The article proposes ways to eliminate regulatory gaps through the harmonization of international and national norms, the strengthening of mandatory due diligence, and ESG principles. In conclusion, it emphasizes the need for the joint application of national and international mechanisms to effectively ensure global ecological accountability.