Corporations and Transnational Human Rights LitigationHart Publishing, 2004 - 177 páginas 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. |
Índice
1841134570_01 | 1 |
1841134570_02 | 21 |
1841134570_03 | 65 |
1841134570_04 | 83 |
1841134570_05 | 101 |
1841134570_06 | 113 |
1841134570_07 | 129 |
1841134570_08 | 145 |
1841134570_09 | 155 |
171 | |
Otras ediciones - Ver todo
Corporations and Transnational Human Rights Litigation Sarah Joseph No hay ninguna vista previa disponible - 2004 |
Términos y frases comunes
2d Cir acts Aguinda alleged alternative forum apply ATCA ATCA claims Australia Banque Paribas Bhopal breaches California CD Cal Chaney choice of law Church of Sudan customary international law decision defendants dismissed for FNC District Court doctrine Doe v Unocal Energy 244 F environmental example extraterritorial F 2d F 3d F Supp 2d Filartiga Forcese foreign Forum non Conveniens human rights abuses human rights law human rights litigation Ibid international human rights issue law of nations Law Review liability Motion to dismiss Muchlinski Multinational Corporations Myanmar military Nike parent perpetration personal jurisdiction plaintiffs private actor regarding relevant Rio Tinto Rio Tinto 221 Royal Dutch Petroleum Sarei v Rio Sinaltrainal subsidiary Sudan Sudan v Talisman Supreme Court Talisman Energy Talisman Energy 244 Texaco Tinto 221 F TNCs torture Transnational Corporations transnational human rights treaties TVPA Union Carbide Unocal Wiwa Wiwa v Royal Zia-Zarifi
Referencias a este libro
Century of Genocide: Critical Essays and Eyewitness Accounts Samuel Totten No hay ninguna vista previa disponible - 2008 |
Unconstitutional Regimes and the Validity of Sovereign Debt: A Legal Perspective Sabine Michalowski Vista previa restringida - 2007 |