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Book Cover
Author Joseph, Sarah (Sarah Louise), author

Title Corporations and transnational human rights litigation / Sarah Joseph
Published Portland, Or. : Hart Publishing, 2004


Location Call no. Vol. Availability
Description xii, 177 pages ; 24 cm
Series Human rights law in perspective
Human rights law in perspective.
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
Summary 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
Analysis International law
Human rights violations
Multinational corporations
Cases (Law)
Australia overseas comparisons
Notes "The book analyses the phenomenon of transnational human rights litigation against companies in a number of jurisdictions" -- Preface
Bibliography Includes bibliographical references and index
Notes Also available online via the World Wide Web, by subscription to EBL
Subject Human rights.
International law.
Human rights -- Cases.
International business enterprises.
Jurisdiction (International law)
Torts (International law)
Aliens -- United States.
Environmental responsibility.
Economic development -- Environmental aspects.
Human rights -- Actions and defenses
Law -- Moral and ethical aspects.
International law -- Trial practice.
Author Ebooks Corporation.
LC no. 2005271706
ISBN 1841134570
OTHER TI Hart Publishing ebook collection