Legal Status of Transnational Corporations in the Context of War: Analysis of Duties and Rights (Experience for Ukraine)

Abstract

In the context of modern armed conflicts, the role of transnational corporations (TNCs) is becoming increasingly important. Their impact on the economy, society and international relations is significant, but the legal status of TNCs, especially in the context of hostilities, remains insufficiently studied. Gaps in international and national law often allow TNCs to avoid responsibility for violations of international humanitarian law and human rights. The relevance of the study is stipulated by the need to develop legal mechanisms to ensure transparency, accountability and compliance of TNCs with their obligations in wartime, in particular in the context of Ukraine's experience. The purpose of the article is to analyse the legal status of transnational corporations in the context of armed conflicts, to define their obligations and rights, and to develop recommendations for improving the legal regulation of their activities based on Ukrainian and international experience. Methods. The study applies a comprehensive methodological approach, which includes comparative legal analysis to assess international and national regulations; systemic analysis to determine the impact of TNCs‘ activities on the economic, social and legal spheres; and empirical research methods to assess specific cases of TNCs’ activities. Results. The article identifies the main responsibilities of TNCs under international humanitarian law, human rights and national legislation. The author analyses the legal gaps that allow TNCs to avoid responsibility in armed conflict zones. Based on the experience of Ukraine, the author finds that national legislation needs to be improved to ensure that TNCs are held accountable for violations of human rights and environmental standards; there is a need to develop international legal mechanisms to control the activities of TNCs in war zones; and the lack of transparency and accountability of TNCs facilitates abuses and complicates their accountability. The results of the study point to the need to strengthen the legal regulation of TNCs' activities at both the international and national levels. Recommendations for improving Ukrainian legislation with a view to adapting to the conditions of war and attracting international experience are proposed.