Access to Justice for Corporate Human Rights Harms. Private International Law and Criminal Law Considerations.

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Abstract

THIS ARTICLE EXAMINES THE ISSUE OF CORPORATE LIABILITY FOR HUMAN RIGHTS VIOLATIONS AND ACCESS TO JUSTICE FOR THE VICTIMS THROUGH A DOUBLE LENS: THAT OF PRIVATE INTERNATIONAL LAW AND THAT OF INTERNATIONAL AND NATIONAL CRIMINAL LAW MECHANISMS. IN BOTH CASES, THE ANALYSIS FOCUSES ON THE RULES GOVERNING JURISDICTION AND APPLICABLE LAW. IN DOING SO, IT SHOWCASES THE EXISTING ACCOUNTABILITY GAPS, WHETHER RELATED TO THE UNWILLINGNESS OR INABILITY TO ADJUDICATE CASES OF CORPORATE HUMAN RIGHTS HARMS BEFORE NATIONAL CIVIL AND CRIMINAL COURTS, THE ABSENCE OF JURISDICTION AT INTERNATIONAL LEVEL (IN THE CASE OF THE INTERNATIONAL CRIMINAL COURT), DESIGN‑RELATED WEAKNESSES OF THE APPLICABLE LAW OR THE LACK OF ENFORCEABILITY OF THE EXISTING RULES. AGAINST THIS BACKDROP, IT OFFERS SOME CONCLUSIONS ON THE NEXT STEPS TO BE TAKEN AT THE LEVEL OF REGULATION AND THE PRIORITIES TO BE SET WHEN COURTS ARE FACED WITH CASES OF CORPORATE LIABILITY ARISING OUT OF HUMAN RIGHTS ABUSES.
Original languageEnglish
Title of host publicationEstudos em Homenagem à Professora Maria Helena Brito
EditorsAnabela Sousa Gonçalves, Armindo Ribeiro Mendes, Dário Moura Vicente, Mariana França Gouveia, Rui Moura Ramos, Vítor Pereira das Neves
PublisherGestlegal
Pages153
Number of pages204
ISBN (Print)978-989-9136-11-3
Publication statusPublished - 2023

Keywords

  • international criminal law
  • private international law
  • corporate human rights harms

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