Making the Unaccountable Accountable: Using Tort to Achieve Corporate Compliance with Human Rights Norms

Jivan, VR; Forster, C

Making the Unaccountable Accountable: Using Tort to Achieve Corporate Compliance with Human Rights Norms

Jivan, VR

Forster, C

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Publisher:: Lexis Nexis
Publication Type:: Journal Article
Citation:: Torts Law Journal, 2007, 15 (3), pp. 32 - 52
Issue Date:: 2007-01

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Field	Value	Language
dc.contributor.author	Jivan, VR https://orcid.org/0000-0002-3139-6496	en_US
dc.contributor.author	Forster, C	en_US
dc.date.issued	2007-01	en_US
dc.identifier.citation	Torts Law Journal, 2007, 15 (3), pp. 32 - 52	en_US
dc.identifier.issn	1039-785X	en_US
dc.identifier.uri	http://hdl.handle.net/10453/6582
dc.description.abstract	The regulation of multinational corporations [MNCs] to ensure they comply with human rights standards, particularly when operating outside their headquarter countries, is a major challenge facing societies in general and human rights activists in particular. Increasingly, MNCs have been identified as the perpetrators of both soft violations of human rights norms such as poor employment conditions and environmental degradation as well as hard violations of human rights norms including child labour, murder and conspiring with oppressive regimes. Existing avenues of regulation which include international law, self regulation, civil regulation and domestic law have individually and cumulatively proved insufficient to force or nudge MNCs towards human rights compliance. However, the extraterritorial use of tort to challenge such entities, a strategy increasingly being utilised in a number of jurisdictions including Australia, the United Kingdom and the United States has provided a potential alternate framework. This article therefore evaluates the efficacy of tort to supplement and surpass current regulatory frameworks that have proven inadequate to the task. In particular, it focuses on the United States and the Alien Tort Claims Act [ATCA] which provides the most developed and innovative example of the employment of tort in this context to date.	en_US
dc.publisher	Lexis Nexis	en_US
dc.relation.ispartof	Torts Law Journal	en_US
dc.title	Making the Unaccountable Accountable: Using Tort to Achieve Corporate Compliance with Human Rights Norms	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.citation.volume	15	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	3	en_US
pubs.volume	15	en_US

Abstract:

The regulation of multinational corporations [MNCs] to ensure they comply with human rights standards, particularly when operating outside their headquarter countries, is a major challenge facing societies in general and human rights activists in particular. Increasingly, MNCs have been identified as the perpetrators of both soft violations of human rights norms such as poor employment conditions and environmental degradation as well as hard violations of human rights norms including child labour, murder and conspiring with oppressive regimes. Existing avenues of regulation which include international law, self regulation, civil regulation and domestic law have individually and cumulatively proved insufficient to force or nudge MNCs towards human rights compliance. However, the extraterritorial use of tort to challenge such entities, a strategy increasingly being utilised in a number of jurisdictions including Australia, the United Kingdom and the United States has provided a potential alternate framework. This article therefore evaluates the efficacy of tort to supplement and surpass current regulatory frameworks that have proven inadequate to the task. In particular, it focuses on the United States and the Alien Tort Claims Act [ATCA] which provides the most developed and innovative example of the employment of tort in this context to date.

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http://hdl.handle.net/10453/6582