Transitional Justice Corporate Accountability And Socio Economic Rights
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Transitional Justice Corporate Accountability And Socio Economic Rights
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Author : Laura García Martín
language : en
Publisher: Routledge
Release Date : 2019-07-25
Transitional Justice Corporate Accountability And Socio Economic Rights written by Laura García Martín and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-25 with Business & Economics categories.
This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.
Corporate Accountability In The Context Of Transitional Justice
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Author : Sabine Michalowski
language : en
Publisher: Routledge
Release Date : 2014-06-23
Corporate Accountability In The Context Of Transitional Justice written by Sabine Michalowski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-23 with Business & Economics categories.
Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.
Transitional Justice And Corporate Accountability From Below
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Author : Leigh A. Payne
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-30
Transitional Justice And Corporate Accountability From Below written by Leigh A. Payne and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-30 with Law categories.
Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.
Economic Actors And The Limits Of Transitional Justice
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Author : Leigh A. Payne
language : en
Publisher: Proceedings of the British Aca
Release Date : 2022-02-06
Economic Actors And The Limits Of Transitional Justice written by Leigh A. Payne and has been published by Proceedings of the British Aca this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-06 with Business & Economics categories.
Business involvement in human rights violations has been part of the past, the present, and will likely continue in the future. A legacy of impunity has prevailed globally. Using case studies and original datasets, this volume seeks to understand how corporate accountability for human rights violations has been achieved and what barriers persist.
Transitional Justice And Socio Economic Rights In Zimbabwe
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Author : Prosper Maguchu
language : en
Publisher: Springer
Release Date : 2019-07-26
Transitional Justice And Socio Economic Rights In Zimbabwe written by Prosper Maguchu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-26 with Law categories.
This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe’s widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.
Business Human Rights And Transitional Justice
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Author : Irene Pietropaoli
language : en
Publisher: Routledge
Release Date : 2020-05-07
Business Human Rights And Transitional Justice written by Irene Pietropaoli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-07 with Business & Economics categories.
This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.
Corporate Accountability Under Socio Economic Rights
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Author : Jernej Letnar Černič
language : en
Publisher: Routledge
Release Date : 2018-08-14
Corporate Accountability Under Socio Economic Rights written by Jernej Letnar Černič and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-14 with Law categories.
In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.
Corporations Accountability And International Criminal Law
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Author : Kyriakakis, Joanna
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-09
Corporations Accountability And International Criminal Law written by Kyriakakis, Joanna and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-09 with Law categories.
This timely book explores the prospect of prosecuting corporations or individuals within the business world for conduct amounting to international crime. The major debates and ensuing challenges are examined, arguing that corporate accountability under international criminal law is crucial in achieving the objectives of international criminal justice.
Seeking Justice
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Author : Tricia D. Olsen
language : en
Publisher: Cambridge University Press
Release Date : 2023-06-15
Seeking Justice written by Tricia D. Olsen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-15 with Political Science categories.
Seeking Justice: Access to Remedy for Corporate Human Rights Abuse explores victims' varying experiences in seeking remedy mechanisms for corporate human rights abuse. It puts forward a novel theory about the possibility of productive contestation and explores governance outcomes for victims of corporate human rights abuse across Latin America. This foundation informs three pathways that victims can use to press for their rights: working within the institutional environment, capitalizing on corporate characteristics, and elevating voices. Seeking Justice challenges the common assumptions in the governance gap literature and argues, instead, that greater democratic practices can emerge from productive contestation. This book brings to bear tough questions about the trade-offs associated with economic growth and conflicting values around human dignity-questions that are very salient today, as citizens around the globe contemplate the type of democratic and economic systems that might better prepare us for tomorrow.
Transitional Justice In Rwanda
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Author : Gerald Gahima
language : en
Publisher: Routledge
Release Date : 2013-02-15
Transitional Justice In Rwanda written by Gerald Gahima and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-15 with Law categories.
Transitional Justice in Rwanda: Accountability for Atrocity comprehensively analyzes the full range of the transitional justice processes undertaken for the Rwandan genocide. Drawing on the author’s extensive professional experience as the principal justice policy maker and the leading law enforcement officer in Rwanda from 1996-2003, the book provides an in-depth analysis of the social, political and legal challenges faced by Rwanda in the aftermath of the genocide and the aspirations and legacy of transitional justice. The book explores the role played by the accountability processes not just in pursuing accountability but also in shaping the reconstruction of Rwanda’s institutions of democratic governance and political reconciliation. Central to this exploration will be the examination of whether or not transitional justice in Rwanda has contributed to a foundational rule of law reform process. While recognizing the necessity of pursuing accountability for mass atrocity, the book argues that a maximal approach to accountability for genocide may undermine the promotion of core objectives of transitional justice. Taking on one of the key questions facing practitioners and scholars of transitional justice today, the book suggests that the pursuit of mass accountability, particularly where socio-economic resources and legal capacity is limited, may destabilize the process of rule of law reform, endangering core human rights norms. Moreover, the book suggests that pursuing a strategy of mass accountability may undermine the process of democratic transition, particularly in a context where impunity for crimes committed by the victors of armed conflicts persists. Highlighting the ongoing democratic deficit in Rwanda and resulting political instability in the Great Lakes region, the book argues that the effectiveness of transitional justice ultimately hinges on the nature and success of political transition.