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Human Rights Litigation against Multinationals in Practice 跨国公司人权诉讼实践
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0003
Daniel Leader
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引用次数: 4
Civil Liability in Australia for International Human Rights Violations 澳大利亚对国际人权侵犯的民事责任
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0006
P. Cashman
{"title":"Civil Liability in Australia for International Human Rights Violations","authors":"P. Cashman","doi":"10.1093/oso/9780198866220.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0006","url":null,"abstract":"Peter Cashman reviews the current state of play in Australia regarding the imposition of civil liability on multinationals for human rights abuses and environmental damage occurring overseas. He considers cases based on a direct tort law-based duty of care and the relevance in that regard of developments in English law and also environmental damage associated with the operations of Australian multinationals, in particular the historic OK Tedi litigation against BHP Billiton and the recent class action trial of the claim by Indonesian seaweed farmers arising from the Montara oil spill. Important aspects of the law on jurisdiction, forum non conveniens, and choice of law and the opt-out class action regime in federal and State courts are outlined. The rules relating to the running of cases by private law firms and third party litigation funders on the basis of contingency fee agreements are explained","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129551637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Human Rights Litigation against Multinational Companies in Germany 德国跨国公司的人权诉讼
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0010
Miriam Saage-Maaβ‎
{"title":"Human Rights Litigation against Multinational Companies in Germany","authors":"Miriam Saage-Maaβ‎","doi":"10.1093/oso/9780198866220.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0010","url":null,"abstract":"Miriam Saag-Maaβ‎ reviews the potential for human rights and environmental cases against multinationals in Germany. Outlining the rules on jurisdiction as per EU and national law. The chapter discusses the application of the Rome II Regulation to choice of law and the potential relevance of overriding mandatory provisions of German law and the possibility of claims for impairment or interference with property including the injunctive relief to prevent flooding caused by greenhouse emissions in Lliaya v. RWE. It also outlines the elements for liability for corporate human rights abuse under section 823(I) BGB and for the omission to comply with safety duties, in particular the potential for claims against a parent or buying company for breach of a safety duty by subsidiaries and suppliers. It considers key issues arising in Jabbir v. KiK, including the application of the Pakistani law and outlines key barriers to justice relating to discovery, collective actions, recovery of legal costs and funding.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"324 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114378357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Human Rights Litigation against Multinational Companies in France 法国针对跨国公司的人权诉讼
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0009
Sandra Cossart, Lucie Chatelain
{"title":"Human Rights Litigation against Multinational Companies in France","authors":"Sandra Cossart, Lucie Chatelain","doi":"10.1093/oso/9780198866220.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0009","url":null,"abstract":"Sandra Cossart and Lucie Chatelain review strategic human rights and environmental cases against multinationals in France. By reference to actual cases they outline the legal bases, jurisdiction, and procedure for corporate criminal liability for offences overseas. They discuss cases arising from consumer complaints for misrepresentations by multinationals about human rights standards in supply chains. Regarding tort law, they explain the corporate veil and other hurdles and the potential for claims against parent companies and attempts made to utilise French labour law by employees of foreign subsidiaries. They explain the ground-breaking Law on the Duty of Vigilance of parent and instructing companies, the potential for civil liability in the event of failure to comply with the requirements for a vigilance plan, and judicial enforcement mechanisms. They outline procedural barriers to claims against multinationals, including with regard to access to evidence, collective actions, legal standing of NGOs, and costs rules.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125507258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Multinational Company Litigation 跨国公司诉讼
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0004
Jason Brickhill, Zanele Mbuyisa
{"title":"Multinational Company Litigation","authors":"Jason Brickhill, Zanele Mbuyisa","doi":"10.1093/oso/9780198866220.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0004","url":null,"abstract":"Jason Brickhill and Zanele Mbuyisa review the current state of play in South Africa in terms of the imposition of civil liability on multinationals for human rights abuses. They outline the rules on jurisdiction over claims by foreign claimants and corporations and potential causes of action under common law, statute, and the Constitution. Specific consideration is given to the potential influence on the development of South African law of recent English law decisions on parent company liability. By reference to the goldminers’ silicosis and the Kabwe lead poisoning cases, they highlight the value to victims of the relatively recent developments of class actions in South Africa and the rules on discovery and damages. In terms of access to justice, they consider the receptiveness of the judiciary to public interest litigation and the key provisions relating to prescription and costs and funding, including by litigation funders.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115346284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Foreign Direct Liability of Multinational Corporations in the Dutch Legal Order 荷兰法律秩序下跨国公司的外国直接责任
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0008
Channa Samkalden
{"title":"Foreign Direct Liability of Multinational Corporations in the Dutch Legal Order","authors":"Channa Samkalden","doi":"10.1093/oso/9780198866220.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0008","url":null,"abstract":"Channa Samkalden reviews the position in the Netherlands regarding the imposition of liability on multinationals for human rights abuses overseas. She explains the potential basis for, the process, and the advantages of seeking corporate criminal liability under the provisions of the Criminal Code. Regarding civil liability, she outlines the rules on jurisdiction, applicable law and the interplay with the Dutch Code of Civil Procedure, including forum necessitates. She outlines jurisdictional decisions in Milieudefensie v. Shell and Kiobel v. Shell and the principle for establishing foreign direct civil liability on a parent company based on the breach of a tort law duty of care and alternative grounds and the potential relevance of soft law and the European Convention on Human Rights. She outlines the rules on admissibility of claims by representative organisations, collective actions, limitation, assessment of damages, discovery, witness protection, and costs and funding.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128289050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Multinational Human Rights Litigation from the Perspective of Business 企业视角下的跨国人权诉讼
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0011
Rae Lindsay
{"title":"Multinational Human Rights Litigation from the Perspective of Business","authors":"Rae Lindsay","doi":"10.1093/oso/9780198866220.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0011","url":null,"abstract":"Rae Lindsay outlines categories of multinational human rights cases pursued in the Global North, arguing overall that litigation in distant overseas courts often serves victims poorly. She offers nuance to the popular narratives concerning multinational human rights litigation, highlighting some features that pose challenges for corporate defendants that differ in emphasis from other forms of litigation. She reviews the impact of the UNGP and their ‘legalisation’ through regulation, incorporation into contracts, and use in litigation. Observing that adversarial litigation models and practices engrained within longstanding State-based structures can operate inconsistently with the effective resolution of human-rights focused claims, she urges those representing both claimants and businesses to consider alternatives and ways to conduct litigation in a constructive and mutually respectful manner conducive to respect for human rights.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124366932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Liability of Multinational Corporations in Canada for International Human Rights Violations 加拿大跨国公司对国际侵犯人权行为的责任
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0005
Bruce Johnston
{"title":"Liability of Multinational Corporations in Canada for International Human Rights Violations","authors":"Bruce Johnston","doi":"10.1093/oso/9780198866220.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0005","url":null,"abstract":"Bruce W. Johnston reviews the current state of play in Canada regarding the imposition of civil liability on multinationals for human rights abuses occurring overseas. He explains the bijural nature of the legal system and the consequential developments of civil law in Quebec and common law elsewhere. He outlines, by reference to case law, the relevant law on jurisdiction, including in class actions, and application of forum non conveniens, forum necessitatis, and choice of law, under common and civil law. Regarding causes of action, he considers the corporate veil hurdle and important judgments on direct liability of the parent company, in Choc v. Hudbay Minerals and most strikingly, the direct application of customary international human rights law by the Supreme Court in Nevsun. Equally important in terms of practical access to justice, the chapter outlines the rules on procedures relating to opt-out class actions, legal costs, including litigation funding.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"270 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126832511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
International Human Rights Litigation in the United States 美国的国际人权诉讼
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0007
P. Hoffman
{"title":"International Human Rights Litigation in the United States","authors":"P. Hoffman","doi":"10.1093/oso/9780198866220.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0007","url":null,"abstract":"Paul Hoffman reviews the position in the United States regarding the imposition of liability on multinationals for human rights abuses occurring overseas. He focuses on corporate complicity cases brought under the Alien Tort Statute over the past 25 years. By reference to key decisions, he charts the development of the law which had had initially held out considerable promise for human rights victims but which has been gradually whittled away by decisions such as Kiobel in 2012 and Jesner in 2018. The scope of the statute and the concepts of aiding and abetting liability, the presumption against extraterritoriality, ‘touch and concern test’ and ‘foreign sovereign immunity’ are explained. The decision in Doe v. Nestle has resolved many of the uncertainties. Potential liability under various statutes to protect victims of torture, trafficking, terrorism, and corruption are outlined as is the experience of common law tort claims and forum non conveniens.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114994352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Perspectives on the Development and Significance of Tort Litigation against Multinational Parent Companies 跨国母公司侵权诉讼的发展及意义透视
Human Rights Litigation against Multinationals in Practice Pub Date : 2021-10-14 DOI: 10.1093/oso/9780198866220.003.0002
R. Meeran
{"title":"Perspectives on the Development and Significance of Tort Litigation against Multinational Parent Companies","authors":"R. Meeran","doi":"10.1093/oso/9780198866220.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0002","url":null,"abstract":"Richard Meeran explains the genesis of tort-based multinational human rights litigation in the United Kingdom, including some striking features, events, and judgments in original cases of Connelly v. Rio Tinto, Ngcobo v. Thor Chemical, and Lubbe v. Cape plc cases and their impact on the development of English law relating parent company liability leading to the precedents in the Chandler v. Cape, Vedanta, and Okpabi v. Shell cases. He offers insights on strategic litigation from these and other multinational cases. He outlines the key legal, procedural, and practical barriers to justice for victims, with particular emphasis on forum non conveniens, funding litigation, and the interrelationship of the barriers in deterring victims’ lawyers. He considers the concurrent development and integration of multinational human rights litigation and business and human rights including in the UN Guiding Principles. He outlines the potential for cross-border collaboration between lawyers to pursue cases in multinational host States.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130919666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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