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Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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Corporations and Transnational Human Rights Litigation


ISBN13: 9781841134574
ISBN: 1841134570
Published: August 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £41.00



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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 (eg. regarding personal jurisdiction and especially forum non conveniens) 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.

Series: Human Rights Law in Perspective

Gender Equality in Law: Uncovering the Legacies of Czech State Socialism ISBN 9781509905867
To be published March 2017
Hart Publishing
£55.00
Governing (Through) Rights (eBook) ISBN 9781509903832
Published July 2016
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Governing (Through) Rights ISBN 9781849467391
Published July 2016
Hart Publishing
£50.00
Discrimination, Equality and the Law ISBN 9781509904990
Published February 2016
Hart Publishing
£20.00
Property and Human Rights in a Global Context (eBook) ISBN 9781509901746
Published January 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Property and Human Rights in a Global Context ISBN 9781849467261
Published January 2016
Hart Publishing
£55.00
Health and Human Rights (eBook) ISBN 9781782251729
Published August 2013
Hart Publishing
£37.49 + £7.50 VAT
(ePub)
Buy
Health and Human Rights ISBN 9781841138046
Published August 2013
Hart Publishing
£45.00
Rights in Divided Societies (eBook) ISBN 9781847319807
Published July 2012
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
Rights in Divided Societies ISBN 9781849461009
Published July 2012
Hart Publishing
£50.00
Children's Socio-Economic Rights, Democracy and the Courts ISBN 9781841137698
Published September 2011
Hart Publishing
£65.00
Children's Socio-Economic Rights, Democracy and the Courts (eBook) ISBN 9781847318589
Published September 2011
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841139760
Published April 2009
Hart Publishing
£32.99
Making Rights Real: the Human Rights Act in its First Decade ISBN 9781841133539
Published August 2008
Hart Publishing
£50.00
£37.99
Terrorism and the Limitation of Rights: The ECHR and the US Constitution ISBN 9781841137636
Published February 2008
Hart Publishing
£65.00
Judicial Review, Socio-Economic Rights and the Human Rights Act ISBN 9781841133720
Published August 2007
Hart Publishing
Out of print
Monetary Remedies for Breach of Human Rights: A Comparative Study ISBN 9781841135113
Published November 2006
Hart Publishing
£61.00
Gender, Culture and Human Rights: Reclaiming Universalism ISBN 9781841135137
Published May 2006
Hart Publishing
£54.00
Property and the Human Rights Act 1998 ISBN 9781841132037
Published October 2005
Hart Publishing
£61.00
Human, Rights, Culture and the Rule of Law ISBN 9781841135069
Published September 2005
Hart Publishing
£60.00
Human Rights in the Community: Rights as Agents for Change ISBN 9781841134468
Published April 2005
Hart Publishing
£40.00