Transnational Corporations and Human Rights
Overcoming Barriers to Judicial Remedy

This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.

Gwynne L. Skinner (Author), Rachel Chambers (Assisted by), Sarah McGrath (Assisted by)

9781107199316, Cambridge University Press

Hardback, published 20 August 2020

250 pages
16 x 23 x 1.5 cm, 0.43 kg

The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society.

Introduction
Part I. Rise of Transnational Corporations, Impact on Human Rights, and Victims' Rights to Remedy
1. Growth and Structure of Transnational Corporations
2. Victims' Rights to Remedy for Business-Related Human Rights Violations
3. Barriers to Judicial Remedies in Host Countries
4. Limits on Subject Matter Jurisdiction over International Human Rights Violations
5. Limited Liability of Parent Corporations
6. Lack of in Personam Jurisdiction over Transnational Corporations and their Affiliates
Part II. Legal Barriers to Remedy and How to Overcome Them
7. Overcoming Legal Barriers to Remedy
8. Overcoming Other Barriers to Remedy
Conclusion.

Subject Areas: International human rights law [LBBR], Public international law [LBB], Comparative law [LAM], Jurisprudence & philosophy of law [LAB], International business [KJK], Business ethics & social responsibility [KJG]