The OECD guidelines for multinational enterprises and their implementation by the national contact points

Abstract

The OECD Guidelines for multinational enterprises are one of the instruments that have dealt with the issue of multinational enterprises at international level. The Guidelines offer a set of recommendations to multinational enterprises aimed at promoting responsible conduct consistent with applicable laws and internationally recognised standards. The Guidelines belong to the field of soft law, both in relation to the active recipients - the adhering countries - and to the passive ones – multinational enterprises. They do not create legal obligations for multinational enterprises, nor do they provide liability mechanisms in case of non-compliance. The adhering countries undertake to promote its use and to set up National Contact Points, but the Guidelines do not impose any type of responsibility on them if they do not respect their commitment. The distinctive feature of this instrument lies in the fact that it foresees a series of procedures for its implementation. National Contact Points contribute to the resolution of issues that arise relating to the implementation of the Guidelines in specific instances. Despite their non-binding nature, the OECD Guidelines for multinational enterprises can be used as a basis or guide for the development of legally binding standards in the future.