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 company’s 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 is 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, and now a corporation’s human rights practices are being 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 which have been used to block litigation, as well the clues 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.
FREE Two-Day Shipping for students on millions of items. Learn more |
Book Description
Special Offers and Product Promotions
- Buy $50 in qualifying physical textbooks, get $5 in Amazon MP3 Credit. Here's how (restrictions apply)
Editorial Reviews
Review
provides a useful and thorough oversight of the main developments in litigation against corporations,the author must be complimented for providing a much needed assessment of the complex developments so farI look forward to the next book of Joseph on the subject.Nicola JagersNetherlands Quarterly of Human Rights, Vol 23/42005...its lucid summaries and complete footnotes make it an ideal starting point for anyone interested in corporate social responsibility and/or human rights litigation.International and Comparative Law Quarterly2005...informative, well-informed and usable account of the subject matter...Christopher HardingAustralian Year Book of International Law, Volume 242005...istopical and provides a clear, succinct summary of the law in this areaan accessible introduction to the issues for those working in relevant areas..who wish to learn more about these highly topical developments..contains..perceptive and helpful commentary, and provides up-to-date references to other relevant literaturethis book will make a useful addition to this body of literature.Barbara von Tigerstrom, University of CanterburyNew Zealand Law JournalFebruary 2005[A landmark study an interesting and engaging book that deftly reveals the pitfalls, purposes and processes of litigating transnational corporate human rights violations.Najim Animashaun, Law, Policy and Society, Northeastern UniversityNew England School of Law Bimonthly ReviewMarch 2005
About the Author
Dr Sarah Joseph is a Senior Lecturer in Law at Monash University, Melbourne, and is an Associate Director of the Castan Centre for Human Rights Law.
Product Details
Would you like to update product info or give feedback on images?
|
More About the Author
Discover books, learn about writers, read author blogs, and more.
Customer Reviews
|
There are no customer reviews yet.
|
|||
|
Video reviews
|
Inside This Book
(learn more)
Key Phrases - Statistically Improbable Phrases (SIPs):
(learn more)
parent corporation liability, corporate accountability, national courts, summary adjudication, torture committed, multinational group liability, transnational tort cases, militarised commerce, transnational human rights litigation, ordinary tort principles, tort jurisdiction, international human rights litigation, customary human rights, litigation against corporations, adequate alternative forum, actor abuses, commercial speakers, corporate complicity, impugned acts, parent liability, foreign forum, forum non conveniens, retaliatory legislation, transnational litigation, human rights victims Key Phrases - Capitalized Phrases (CAPs): (learn more)
Rio Tinto, New York, Supreme Court, Talisman Energy, Union Carbide, Presbyterian Church of Sudan, State Department, United States, The Alien Tort Claims Act, South Africa, Royal Dutch Petroleum, The Hague, Southern Peru Copper, Coca Cola, District Court, Unocal Corp, Second Circuit, Ninth Circuit, Kluwer Law International, Circuit Court, Dow Chemicals, International Covenant, Banque Paribas, Procedural Obstacles, Multinational Corporations New!
Books on Related Topics Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
parent corporation liability, corporate accountability, national courts, summary adjudication, torture committed, multinational group liability, transnational tort cases, militarised commerce, transnational human rights litigation, ordinary tort principles, tort jurisdiction, international human rights litigation, customary human rights, litigation against corporations, adequate alternative forum, actor abuses, commercial speakers, corporate complicity, impugned acts, parent liability, foreign forum, forum non conveniens, retaliatory legislation, transnational litigation, human rights victims Key Phrases - Capitalized Phrases (CAPs): (learn more)
Rio Tinto, New York, Supreme Court, Talisman Energy, Union Carbide, Presbyterian Church of Sudan, State Department, United States, The Alien Tort Claims Act, South Africa, Royal Dutch Petroleum, The Hague, Southern Peru Copper, Coca Cola, District Court, Unocal Corp, Second Circuit, Ninth Circuit, Kluwer Law International, Circuit Court, Dow Chemicals, International Covenant, Banque Paribas, Procedural Obstacles, Multinational Corporations New!
Books on Related Topics Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
Citations (learn more)
1
book
cites this book:
- The Human Rights of Companies: Exploring the Structure of ECHR Protection by Marius Emberland on page 2, page 119, and Back Matter
Tag this product(What's this?)Think of a tag as a keyword or label you consider is strongly related to this product.
Tags will help all customers organize and find favorite items. |
Sell a Digital Version of This Book in the Kindle Store
If you are a publisher or author and hold the digital rights to a book, you can sell a digital version of it in our Kindle Store.
Learn more
Customer Discussions
|
This product's forum
Active discussions in related forums
Search Customer Discussions
|
Related forums
|
