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Corporations and Transnational Human Rights Litigation: Human Rights Law in Perspective

Autor Sarah Joseph
en Limba Engleză Hardback – 19 aug 2004
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.
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Specificații

ISBN-13: 9781841134574
ISBN-10: 1841134570
Pagini: 188
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.43 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Human Rights Law in Perspective

Locul publicării:London, United Kingdom

Caracteristici

This analysis is important for human rights victims in order to know the boundaries of possible available legal redress.

Notă biografică

Dr Sarah Joseph is a Senior Lecturer in Law at Monash University, Melbourne, and is an Associate Director of the Castan Centre for Human Rights Law.

Cuprins

1 Introduction2 The Alien Tort Claims Act3 Other Jurisdictional Bases in the US4 Procedural Obstacles in the US5 A New Front: The Nike Case6 Transnational Human Rights Litigation in Other Countries7 Parent Corporation Liability in Transnational Human Rights Cases8 Conclusion

Recenzii

.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.
...its lucid summaries and complete footnotes make it an ideal starting point for anyone interested in corporate social responsibility and/or human rights litigation.
...informative, well-informed and usable account of the subject matter...
...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.
[A] landmark study an interesting and engaging book that deftly reveals the pitfalls, purposes and processes of litigating transnational corporate human rights violations.

Descriere

This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.