Chapter I.8: Conflicts in national and international law

Governments have the right to prescribe the conditions under which multinational enterprises operate within their jurisdictions, subject to international law. The entities of a multinational enterprise located in various countries are subject to the laws applicable in these countries. When multinational enterprises are subject to conflicting requirements by adhering countries or third countries, the governments concerned are encouraged to co-operate in good faith with a view to resolving problems that may arise.


All Cases  Closed Cases   Overdue Cases (more than 12 months)
Title sort up sort down Issue Host Country(s) Lead NCP Date submitted NCP Decision Current status sort up sort down Duration sort up sort down Positive outcome
Cargill V International Union of Food Workers (IUF)

Refusal to negotiate with the trade union

Papua New Guinea

US NCP


29/04/2010

Rejected

Closed

Closed on 05/05/2011
53 weeks and 0 days
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Santander V Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região and CUT Brazil

Right to trade union representation; right to strike

Brazil

Brazil NCP


22/09/2009

Accepted

Closed

Closed on 30/03/2015
287 weeks and 6 days
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Glencore International A.G. V CUT Peru

Termination of operations carried out by contracted mining companies without informing or consulting the workers

Peru

Peru NCP


23/03/2009

Accepted

Closed

Duration not known
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Chong Won Trading V Korean Confederation of Trade Unions (KCTU) and Chongwon Union (Philippines)

Threat to close down the factory should the union be formed: right to trade union representation; bribery

Philippines

South Korea NCP


03/09/2007

Rejected

Closed

Duration not known
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Il-Kyoung Co Ltd. V Korean Confederation of Trade Unions, Korean House for International Solidarity and Workers Assistance Center

Right to trade union representation, anti-union activities, sex discrimination, violence, bribery

Philippines

South Korea NCP


03/09/2007

No Decision

No Information

Duration so far 593 weeks and 2 days
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Unilever PLC India V International Union of Food Workers (IUF) (SEWRI, India)

Failure to abide by national law; illegal transfer of ownership; illegal company closure; failure to engage in collective bargaining

India

UK NCP


03/10/2006

Accepted

Closed

Closed on 09/11/2009
161 weeks and 6 days
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