{"title":"The Litigation Landscape of Business and Human Rights","authors":"R. Mccorquodale","doi":"10.1093/oso/9780198866220.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0001","url":null,"abstract":"Robert McCorquodale outlines the wider business and human rights context of human rights litigation against multinationals and explains key concepts that arise. He highlights differences between civil law and common law systems in terms of sources of law and procedures, and between criminal and civil claims against multinationals. The concepts of separation of corporate identity and the tort law duty of care developed in the English cases are considered. The principles of European law on jurisdiction over corporations and choice of law are explained. The relevance, in multinational human rights cases, of public international law and sovereignty issues in forum non conveniens disputes, claims in the United States under the Alien Tort Statute, and by direct application in States such as Canada and the Netherlands, is discussed. The important contextual backdrop of developments such as the United Nations Guiding Principles (UNGPs), the Organisation for Economic Co-operation and Development (OECD) Guidelines and other international standards is also highlighted.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"304 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":"115856775","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}
{"title":"Litigation FundingPractical Aspects","authors":"Susan Dunn, Felix Curtis","doi":"10.1093/oso/9780198866220.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198866220.003.0012","url":null,"abstract":"The absence of funding for legal representation is a major barrier to justice for victims seeking to hold corporations to account for human rights abuses. Litigation funders, which primarily invest in commercial litigation, are increasingly interested in funding large-scale multinational litigation. However, the level of their interest is a function of the magnitude of the potential return on the funder’s investment, the prospects of success and recoverability of damages, the legitimacy of the funding arrangements, and the funder’s confidence in the legal system of the country in question, as well as the magnitude of any adverse costs liability for which the funder might be liable. Susan Dunn and Felix Curtis outline the basic principles of litigation funding (where permitted); how it works; the considerations a funder will make to evaluate the viability of an investment in a multinational human rights or environmental case; and important variations in litigation funding rules in different countries.","PeriodicalId":373424,"journal":{"name":"Human Rights Litigation against Multinationals in Practice","volume":"78 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":"132330742","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}