Achieving Access to Justice in a Business and Human Rights Context
An Assessment of Litigation and Regulatory Responses in European Civil-Law Countries
9781911507185
Distributed for University of London Press
Achieving Access to Justice in a Business and Human Rights Context
An Assessment of Litigation and Regulatory Responses in European Civil-Law Countries
A powerful guide to seeking justice from corporations who commit human rights and environmental atrocities.
Multinational enterprises, or MNEs, can contribute to economic prosperity and social development in the countries where they operate. At the same time, their activities may directly or indirectly cause harm to humans and to the environment. Historically, MNEs have rarely been held accountable for their involvement in human rights abuses and environmental damage. In recent years, however, activists have sought to hold parent companies directly liable for the harm caused by their group’s activities. They have also strategically used litigation to trigger corporate accountability reforms at international, regional, and national levels.
Focusing on Europe, this book evaluates the extent to which litigation against MNEs has been effective in achieving access to justice and corporate accountability, particularly in civil-law countries. It also considers whether ongoing regulatory developments, such as the adoption of mandatory human rights due diligence norms and the negotiations for a business and human rights treaty, can contribute to the realization of access to justice and corporate accountability in the future.
Multinational enterprises, or MNEs, can contribute to economic prosperity and social development in the countries where they operate. At the same time, their activities may directly or indirectly cause harm to humans and to the environment. Historically, MNEs have rarely been held accountable for their involvement in human rights abuses and environmental damage. In recent years, however, activists have sought to hold parent companies directly liable for the harm caused by their group’s activities. They have also strategically used litigation to trigger corporate accountability reforms at international, regional, and national levels.
Focusing on Europe, this book evaluates the extent to which litigation against MNEs has been effective in achieving access to justice and corporate accountability, particularly in civil-law countries. It also considers whether ongoing regulatory developments, such as the adoption of mandatory human rights due diligence norms and the negotiations for a business and human rights treaty, can contribute to the realization of access to justice and corporate accountability in the future.
400 pages | 6.125 x 9.1875 | © 2022
Law and Legal Studies: International Law, Law and Economics, Law and Society
Table of Contents
Chapter 1 Introduction
Chapter 2 Corporate accountability and access to justice in international and European legal frameworks
Chapter 3 The rise of transnational litigation against multinational enterprises
Chapter 4 Civil litigation against multinational enterprises in France and the Netherlands
Chapter 5 Criminal litigation against multinational enterprises in France and the Netherlands
Chapter 6 Holding multinational enterprises liable in France and the Netherlands
Chapter 7 Achieving access to justice in Europe through mandatory due diligence legislation
Chapter 8 Achieving access to justice through an international treaty on business and human rights
Chapter 9 Conclusions
Chapter 2 Corporate accountability and access to justice in international and European legal frameworks
Chapter 3 The rise of transnational litigation against multinational enterprises
Chapter 4 Civil litigation against multinational enterprises in France and the Netherlands
Chapter 5 Criminal litigation against multinational enterprises in France and the Netherlands
Chapter 6 Holding multinational enterprises liable in France and the Netherlands
Chapter 7 Achieving access to justice in Europe through mandatory due diligence legislation
Chapter 8 Achieving access to justice through an international treaty on business and human rights
Chapter 9 Conclusions