Research on the Legal Responsibilities of Multinational Companies in Protecting the Rights of Indigenous Peoples: From the Perspective of American Law

This paper examines multinational enterprises (MNEs) legal responsibility in safeguarding Indigenous rights through analyzing the U.S. legal system. Specifically, the paper focuses on the Apache Stronghold v. United States case to illustrate the systematic legal gaps at the state, federal, and international levels. This Supreme Court case reveals three significant issues: the absence of mandatory FPIC mechanisms allows MNEs to exploit indigenous lands and resources without prior consent; the limitation of a narrow definition of corporate liability to hold the parent companies liable; and the lack of legal enforceability of international soft law. Therefore, establishing legally enforceable mechanisms in accordance with international standards is essential to ensure consistent protection of indigenous rights. This essay argues for a multi-level legal reform. The specific measures will expand beyond FPIC implementation into legislation, the expansion of corporate liability, and the binding enforcement of UNDRIP between countries. These measures aim to ensure transparent and enforceable implementations of international standards for indigenous protection.