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Author: Leverhulme Early Career Fellow Ekaterina Aristova
Publisher:
ISBN: 9780192868138
Category : Law
Languages : en
Pages : 0
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Book Description
Amid the emerging trend of private claims being brought against parent companies of transnational corporations in English and other Western courts, Tort Litigation against Transnational Corporations places the discussion of parent company liability cases in the context of the changing role of private international law in a globalised world.
Author: Leverhulme Early Career Fellow Ekaterina Aristova
Publisher:
ISBN: 9780192868138
Category : Law
Languages : en
Pages : 0
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Book Description
Amid the emerging trend of private claims being brought against parent companies of transnational corporations in English and other Western courts, Tort Litigation against Transnational Corporations places the discussion of parent company liability cases in the context of the changing role of private international law in a globalised world.
Author: Gwynne L. Skinner
Publisher: Cambridge University Press
ISBN: 110719931X
Category : Business & Economics
Languages : en
Pages : 199
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Book Description
This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.
Author: Gwynne L. Skinner
Publisher: Cambridge University Press
ISBN: 1108187846
Category : Political Science
Languages : en
Pages : 199
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Book Description
The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society.
Author: Michael Koebele
Publisher: BRILL
ISBN: 9047427114
Category : Law
Languages : en
Pages : 428
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Book Description
In his book, Michael Koebele examines the potential liability of transnational corporations under the Alien Tort Statute (also known as Alien Tort Claims Act) for violations of international law in connection with their operations and investments worldwide.
Author: Sarah Joseph
Publisher: Hart Publishing
ISBN: 1841134570
Category : Business & Economics
Languages : en
Pages : 190
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Book Description
This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.
Author: Sarah Joseph
Publisher: Bloomsbury Publishing
ISBN: 1847310745
Category : Law
Languages : en
Pages : 190
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Book Description
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.
Author: Niels Beisinghoff
Publisher: Peter Lang
ISBN: 9783631584187
Category : Corporations, Foreign
Languages : de
Pages : 352
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Book Description
Can human rights be enforced against corporations? This work analyses different enforcement mechanisms. It examines one of the most powerful instruments: the Alien Tort Claims Act (ATCA) litigation in the United States. The ATCA has been used as one of the chief weapons in a 21st-century battle over corporate responsibility in the age of globalization. For instance, the ATCA has been invoked to seek compensation from German companies in respect of forced labor during the Holocaust. Further examples include claims relating to genocide against a Canadian company, forced labor claims against a US company and numerous others. The ATCA litigation often refers to the «law of nations», but do the US courts interpret this term consistently with other accepted interpretations of international law? The short answer to that question is 'no'. However, in the absence of enforceable international law mechanisms, this lacuna needs to be filled. Domestic litigation of matters that are inherently transnational in character, as occurs in ATCA human rights litigation, represents a viable mechanism to enforce human rights.
Author: Menno T. Kamminga
Publisher: BRILL
ISBN: 9004482679
Category : Law
Languages : en
Pages : 432
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Book Description
Author: Simon Baughen
Publisher: Edward Elgar Publishing
ISBN: 0857934767
Category : LAW
Languages : en
Pages : 288
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Book Description
The effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit. This timely book considers how these ‘governance gaps’, as identified by Professor John Ruggie, may be closed. Simon Baughen examines the status of corporations under international law, the civil liability of corporations for their participation in international crimes and self-regulation through voluntary codes of conduct, such as the 2011 UN Guiding Principles.
Author: Surya Deva
Publisher: Cambridge University Press
ISBN: 1107036879
Category : Business & Economics
Languages : en
Pages : 451
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Book Description
This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
