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Cover of Collective Litigation: A Practical Guide

Collective Litigation: A Practical Guide

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Planning Law:
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 William Webster, Robert Weatherley


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 Mark Watson-Gandy


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The Cambridge Handbook of Litigating Business and Human Rights Violations: Themes, Perspectives, and Prospects

Edited by: Hassan Ahmad, Ekaterina Aristova, Rachel Chambers

ISBN13: 9781009752954
To be Published: January 2027
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price:





At the turn of the century scholars began to recognise the necessity of litigating business and human rights violations that, if successful, would obligate compensation to victims. To bring together what continues to be disparate strands of scholarship within the field of business, human rights and the environment, this edited volume is the first of its kind to examine doctrinal as well as political, economic, and social tensions that span across the various areas of social justice litigation against corporations. It assembles legal scholars, social scientists, practitioners, and activists with diverse specialties and from various parts of the globe to compare and contrast themes and perspectives that are analogous across this area of litigation, irrespective of the underlying harms, industries, and geographies. It also seeks to cross-pollinate ideas and strategies that can be used inside and outside the courtroom to mitigate negative corporate externalities.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction: the evolving landscape of business and human rights litigation
Rachel Chambers, Hassan Ahmad and Ekaterina Aristova

Part I. Paradoxes of Business and Human Rights Litigation:
2. Corporate accountability through private strategic litigation
Daniel Marín-López and Tricia Olsen
3. Access to effective remedy? The deficiencies of civil litigation for corporate accountability
Ebony Birchall
4. Addressing power imbalances in transnational business and human rights litigation
Oyeniyi Abe

Part II. Case Studies:
5. Business and human rights litigation in the United States: as one door closes, others open
William S. Dodge
6. Litigating human rights harm in global value chains: evolving pathways to corporate accountability
Anil Yilmaz Vastardis and Emma Baldi
7. Litigating land: access to remedy in mining-induced displacement and dispossession
Sara Ghebremusse
8. Litigating business involvement in arbitrary land takings: lessons from Cambodia's agribusiness sector
Socheata Sao
9. Litigating the Samarco Dam disaster: national and transnational cases, outcomes, and implications
Karin Buhmann, Danielle Anne Pamplona, Julia Mello Neiva, Cláudia Alvarenga Marconi and Alberto Fonseca
10. Environmental litigation in Thailand
Sarah Bishop, Songkrant Pongboonjun and Thitinant Tengaumnuay
11. Transnational environmental litigation in Taiwan: a bright spot in business and human rights law
Uglješa Grušić and Sung-Mao Huang
12. The (r)evolution of corporate accountability through climate litigation: a business and human rights perspective
Ivano Alogna, Maria Alejandra Serra and Michelle Jonker-Argueta
13. Ecuadorian rights of nature litigation as a species of business and human rights litigation
Malcolm Rogge
14. Corporate conflict litigation: a viable pathway to peace, justice or accountability?
Jonathan Kolieb
15. Corporate accountability for wrongful arms transfers
León Castellanos-Jankiewicz

Part III. Perspectives:
16. Litigating corporate accountability: lessons from transnational practice in England
Oliver Holland and Mélanie Jacques
17. The damaging impact of Canada's Forum Non Conveniens doctrine on access to justice for Global South claimants
Joe Fiorante, Jen Winstanley and Matt Eisenbrandt
18. Benevolent brands and vulnerable victims: corporate accountability for occupational harm after
Rana Plaza Taqbir Huda
19. Legal activism and the role of civil society organisations in the Democratic Republic of Congo
Anaïs Tobalagba and Josué Kashal
20. Climate litigation meets due diligence: the promise and limits of the French Vigilance Law for corporate climate accountability
Virginie Rouas and Brice Laniyan
21. Defining 'human rights harm' in practice: the uncertainty underpinning business and human rights tort litigation
Yousuf Aftab and Maria Luisa Saboya
22. Institutional investors and human rights litigation
Steven Friel and Lara Blecher
23. The role of third-party litigation funding in litigating business and human rights violations
Markus Lieberknecht and Mauritius Nagelmueller