Download Corporations and Transnational Human Rights Litigation by Sarah Joseph PDF

By Sarah Joseph

Because the mid-1980s, starting with the unsuccessful Union Carbide litigation within the united states, litigants were exploring methods of retaining multinational businesses [MNCs] responsible for offshore human rights abuses within the courts of the company’s domestic states. the top profile circumstances were the human rights claims introduced opposed to MNCs (such as Unocal, Shell, Rio Tinto, Coca Cola, and Talisman) below the Alien Tort Claims Act within the usa. Such claims additionally bring up matters lower than generic foreign legislation (which is at once acceptable in US federal legislations) and the Racketeer motivated and Corrupt enterprises [RICO] statute. one other criminal entrance is located within the united states, England and Australia, the place courts became extra prepared to workout jurisdiction over transnational universal legislation tort claims opposed to domestic organisations, and now a corporation’s human rights practices are being in a roundabout way detailed less than alternate practices legislation in groundbreaking litigation in California opposed to sportsgoods producer Nike. This new research examines those advancements and the procedural arguments which were used to dam litigation, to boot the clues that are gleaned from situations that have settled. The research is critical for human rights sufferers to be able to comprehend the bounds of attainable on hand criminal redress. it's also very important for MNCs, which needs to now take human rights under consideration in dealing with the felony dangers (as good as ethical and acceptance hazards) linked to offshore initiatives.

Show description

Read or Download Corporations and Transnational Human Rights Litigation PDF

Best human rights books

Women's Leadership and Participation: Case Studies on Learning for Action

Girls are frequently denied the precise to take part in decision-making, even if as energetic electorate, or as leaders. specifically, girls dwelling in poverty usually have little chance to persuade judgements and rules that may have an instantaneous impression at the welfare of themselves, their groups, and their livelihoods.

Human Rights in the UK Supreme Court

How does the united kingdom splendid court docket process human rights legislation? This ebook provides the 1st entire evaluation of the human rights jurisprudence of the courtroom, analysing the evaluations expressed by way of the present Justices and their predecessors, either judicially and extra-judicially. It criticizes the judges for no longer constructing the typical legislations in a manner which vitamins the Human Rights Act, for no longer making imaginitive adequate use of that Act, and for adopting an perspective to conference rights that's frequently out of step with the jurisprudence of the eu courtroom of Human Rights in Strasbourg.

Terrorism and the Liberal State

This booklet examines the terrorist networks that function globally and analyses the long term way forward for terrorism and terrorist-backed insurgencies. Terrorism is still a major challenge for the foreign group. the worldwide photo doesn't point out that the ‘war on terror’, which President George W.

Religious Fundamentalisms and the Human Rights of Women

Discussion at the clash among spiritual fundamentalism and women's rights is frequently stymied by way of an 'all or not anything' technique: fundamentalists declare of absolute spiritual freedom, whereas a few feminists brush off faith solely as being so imbued with patriarchy as to be endlessly against women's rights.

Additional resources for Corporations and Transnational Human Rights Litigation

Sample text

98 No 96 Civ 8386, 2002 US Dist LEXIS 3293 (SDNY Feb 22, 2002) 33–35. The Wiwa litigation is discussed further below in ch 3, text at nn 79–80. 99 Indeed, ‘the freedom to associate’ per se was found to fall outside ATCA in Doe v The Gap No CV–01–0031, 2001 WL 1842389 (DN Mar I Nov 6, CD Cal 2001) 22. 100 However, this particular alleged abuse, whereby the plaintiffs’ lives were endangered, is more correctly classified as an allegation of the breach of the right to life or security of the person, rather than as a breach of the rights to peaceful assembly and association.

139 Unocal 2002, above n 40, at 14246. 140 Ibid at 14252. The majority conceded that Unocal’s liability might also be established under tort principles, but declined to definitively answer this question (see p 14212, note 17). 141 Ibid at 14259. 142 Ibid at 14263. 143 Ibid at 14263. 145 Furthermore Unocal continued to engage the military even after it knew that the military was perpetrating abuses in carrying out their task of protecting the pipeline. Tort principles regarding joint liability impose broader liability than the § 1983 principles, at least as interpreted by Lew J in Unocal 2000.

This analysis is thus important for transnational human rights victims in order to know the boundaries of possible available legal redress. It is also important for TNCs, which must now take human rights into account in managing the legal risks (as well as moral and reputation risks) associated with offshore projects. 127 A number have been finally dismissed prior to a full merits hearing, or settled. 2 The Alien Tort Claims Act transnational human rights cases against corporations have arisen under the Alien Tort Claims Act [ATCA] in the US.

Download PDF sample

Rated 4.74 of 5 – based on 48 votes