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Corporations and Transnational Human Rights Litigation

By: Sarah Joseph
Media of Corporations and Transnational Human Rights Litigation
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Published: 20-08-2004
Format: PDF eBook (?)
Edition: 1st
Extent: 188
ISBN: 9781847310743
Imprint: Hart Publishing
Series: Human Rights Law in Perspective
RRP: £44.99
 

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About Corporations and Transnational Human Rights Litigation

Since the mid-1980s,beginning with the unsuccessful Union Carbide litigation in the USA, litigants have been exploring ways of holding multinational corporations [MNCs] liable for offshore human rights abuses in the courts of the companies' home States. The highest profile cases have been the human rights claims brought against MNCs (such as Unocal, Shell, Rio Tinto, Coca Cola, and Talisman) under the Alien Tort Claims Act in the United States. Such claims also raise issues under customary international law (which may be directly applicable in US federal law) and the Racketeer Influenced and Corrupt Organizations [RICO] statute. Another legal front is found in the USA, England and Australia, where courts have become more willing to exercise jurisdiction over transnational common law tort claims against home corporations. Futhermore, a corporation's human rights practices were indirectly targeted under trade practices law in groundbreaking litigation in California against sportsgoods manufacturer Nike. This new study examines these developments and the procedural arguments (eg regarding personal jurisdiction and especially forum non conveniens) which have been used to block litigation, as well as the principles which can be gleaned from cases which have settled. The analysis is important for human rights victims in order to know the boundaries of possible available legal redress. It is also important for MNCs, which must now take human rights into account in managing the legal risks (as well as moral and reputation risks) associated with offshore projects.

Table Of Contents

1 Introduction
2 The Alien Tort Claims Act
3 Other Jurisdictional Bases in the US
4 Procedural Obstacles in the US
5 A New Front: The Nike Case
6 Transnational Human Rights Litigation in Other Countries
7 Parent Corporation Liability in Transnational Human Rights Cases
8 Conclusion

Reviews

“…provides a useful and thorough oversight of the main developments in litigation against corporations,…the author must be complimented for providing a much needed assessment of the complex developments so far…I look forward to the next book of Joseph on the subject.” –  Nicola Jägers, Netherlands Quarterly of Human Rights, Vol 23/4

“...its lucid summaries and complete footnotes make it an ideal starting point for anyone interested in corporate social responsibility and/or human rights litigation.” –  International and Comparative Law Quarterly

“...informative, well-informed and usable account of the subject matter...” –  Christopher Harding, Australian Year Book of International Law, Volume 24

“...is…topical and provides a clear, succinct summary of the law in this areaan accessible introduction to the issues for those working in relevant areas..who wish to learn more about these highly topical developments..contains..perceptive and helpful commentary, and provides up-to-date references to other relevant literaturethis book will make a useful addition to this body of literature.” –  Barbara von Tigerstrom, University of Canterbury, New Zealand Law Journal

“[A] landmark study an interesting and engaging book that deftly reveals the pitfalls, purposes and processes of litigating transnational corporate human rights violations.” –  Najim Animashaun, Law, Policy and Society, Northeastern University, New England School of Law Bimonthly Review

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