Transnational corporations and human rights : overcoming barriers to judicial remedy / Gwynne L. Skinner, Willamette University College of Law ; assisted by Rachel Chambers, Sarah McGrath.

Format:

Book

Author/Creator:

Skinner, Gwynne, author.

Contributor:

Chambers, Rachel E., contributor.

McGrath, Sarah (writer on human rights), contributor.

Language:

English

Subjects (All):

Liability for human rights violations.

Tort liability of corporations.

Physical Description:

xxvi, 171 pages ; 24 cm

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2020.

Summary:

"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"-- Provided by publisher.

Contents:

Machine generated contents note: pt. I RISE OF TRANSNATIONAL CORPORATIONS, IMPACT ON HUMAN RIGHTS, AND VICTIMS' RIGHTS TO REMEDY

1. Growth and Structure of TNCs

1.1. Financial Benefits From Operating in Developing Countries

2. Victims' Rights To Remedy for Business-Related Human Rights Violations

2.1. Vulnerable Communities Absorb Harm from TNCs' Activities

2.2. The Right to Remedy under International Law

2.3. Remediation for Extraterritorial Violations of International Law under US Law

2.4. Barriers to Judicial Remedy

3. Barriers to Judicial Remedies in Host Countries

3.1. The Need for Legislative Reform

4. Limits on Subject Matter Jurisdiction over International Human Rights Violations

4.1. An Overview of Subject Matter Jurisdiction across Multiple Jurisdictions

4.1.1. United States

4.1.2. Canada

4.1.3. Europe

5. Limited Liability of Parent Corporations

5.1. An Overview of Parent Company Liability across Multiple Jurisdictions

5.1.1. United States

5.1.2. Canada

5.1.3. Europe

5.1.3.1. France

5.1.3.2. United Kingdom

5.1.3.3. Switzerland

6. Lack of In Personam Jurisdiction over TNCs and their Affiliates

6.1. An Overview of In Personam (Adjudicatory) Jurisdiction

6.1.1. The United States: Historical and Current Theories of Personal Jurisdiction

6.1.2. Europe

6.1.3. Canada

pt. II LEGAL BARRIERS TO REMEDY AND HOW TO OVERCOME THEM

7. Overcoming Legal Barriers to Remedy

7.1. Proposals to Overcome Limited Liability of Parent Corporations

7.1.1. Enterprise Liability

7.1.2. Due Diligence Approach

7.1.3. Parent Corporation Duty of Care for Its Own Assumptions of Obligations

7.1.4. Expanded Tort Law Approach Toward Parental Duty of Care to Foreseeable Victims

7.2. Ensuring Parent Corporation Liability through Legislation

7.3. Proposals for Addressing Limits to Subject Matter Jurisdiction

7.3.1. Expand Subject Matter Jurisdiction By Statute

7.3.1.1. United States

7.3.1.2. Canada

7.3.1.3. Europe

7.4. Adoption of Jurisdiction/Forum by Necessity

7.5. More Expansive Personal Jurisdiction over TNCs

7.5.1. Cunent Jurisdictional Rules do not Reflect How TNCs Are Structured and Operate

7.6. Legislation Needed to Expand Personal Jurisdiction

7.6.1. The United States Should Require TNCs doing Business in the United States to Consent to General Personal Jurisdiction for Federal Causes of Action

7.6.2. A Statutory Enactment Would Provide for an Even Playing Field for US Corporations

7.6.3. Comity and Foreign Relations Are Not Substantial Impediments

7.6.4. The EU and European Countries Should Similarly Expand Jurisdiction over TNCs

8. Overcoming Other Barriers to Remedy

8.1. Unsettled Legal Standards for Corporate Liability

8.1.1. Corporate Liability for CIL Violations is Unsettled

8.1.2. Unsettled Legal Standard for Vicarious Liability

8.1.3. Overcoming the Barrier of Unsettled Legal Standards for Corporate Liability

8.2. Dismissals Based on Forum Non Conveniens

8.2.1. US Federal Law

8.2.2. US State Law

8.2.3. Canada

8.2.4. Overcoming the Barrier of Forum Non Conveniens

8.2.4.1. United States

8.2.4.2. Canada

8.3. Barriers Presented by "Choice of Law" Doctrine

8.3.1. United States

8.3.2. Europe

8.3.3. Canada

8.3.4. Overcoming the Barrier of Choice of Law Statutes

8.3.4.1. United States

8.3.4.2. Europe

8.4. Barriers Presented by Statutes of Limitations

8.4.1. US Federal Law

8.4.2. US State Law

8.4.3. Europe

8.4.4. Overcoming Barriers Created by Statutes of Limitations

8.5. Baniers Created by Restrictive Discovery Rules

8.5.1. United States

8.5.2. Canada

8.5.3. Europe

8.5.4. Overcoming Barriers Created by Discovery Rules

8.5.5. Reform Access to Evidence

8.6. Barriers Created by Costs of Litigation

8.6.1. United States

8.6.2. Canada

8.6.3. Europe

8.6.4. Overcoming Barriers of Costs of Litigation

8.6.4.1. United States

8.6.4.2. Canada

8.6.4.3. Europe

8.7. Barriers Created by Collective Redress and Class Action Mechanisms

8.7.1. United States

8.7.2. Canada and Europe

8.7.3. Overcoming Barriers Presented by Limits on Collective Actions

8.7.3.1. United States

8.7.3.2. Europe

8.8. Retaliatory Lawsuits

8.8.1. Addressing Retaliatory Lawsuits

8.9. Lack of Criminal Prosecutions and Restitution

8.9.1. United States

8.9.2. Europe

8.9.3. Overcoming Barriers Created by Criminal Prosecution

8.9.3.1. United States

8.9.3.2. Europe

8.9.3.3. Training and Awareness-Raising for Public Prosecutors and Judges.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Skinner, Gwynne L. Transnational corporations and human rights.

ISBN:

9781107199316

110719931X

9781316648803

131664880X

OCLC:

1148600898