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Transnational Corporations and Human Rights: Overcoming Barriers to Judicial Remedy

Transnational Corporations and Human Rights: Overcoming Barriers to Judicial Remedy

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781316648803
  • 出版时间 August 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781107199316
¥377.88
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  • 描述 
  • 大纲 
  • 详细

    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.

    • Discusses policy recommendations for legislators, advocates, and campaigners
    • Examines the barriers victims face in specific, key jurisdictions while also drawing lessons from issues common to all jurisdictions
    • Provides an in-depth analysis of the legal doctrines of the United States, including the Alien Tort Statute
  • Introduction
    Part I. Rise of Transnational Corporations, Impact on Human Rights, and Victims' Rights to Remedy
    1. Growth and Structure of Transnational Corporations
    2. Victims' Rights to Remedy for Business-Related Human Rights Violations
    3. Barriers to Judicial Remedies in Host Countries
    4. Limits on Subject Matter Jurisdiction over International Human Rights Violations
    5. Limited Liability of Parent Corporations
    6. Lack of in Personam Jurisdiction over Transnational Corporations and their Affiliates
    Part II. Legal Barriers to Remedy and How to Overcome Them
    7. Overcoming Legal Barriers to Remedy
    8. Overcoming Other Barriers to Remedy
    Conclusion.

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