Corporate Accountability In The Context Of Transitional Justice

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Corporate Accountability in the Context of Transitional Justice

Sabine Michalowski
Corporate Accountability in the Context of Transitional Justice Book PDF

Author : Sabine Michalowski
Publisher : Routledge
Page : 280 pages
File Size : 48,8 Mb
Release : 2014-06-23
Category : Business & Economics
ISBN : 9781317577492

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Corporate Accountability in the Context of Transitional Justice by Sabine Michalowski Pdf

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

Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez
Transitional Justice and Corporate Accountability from Below Book PDF

Author : Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez
Publisher : Cambridge University Press
Page : 395 pages
File Size : 45,8 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781108474139

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Transitional Justice and Corporate Accountability from Below by Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez Pdf

Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.

Corporations, Accountability and International Criminal Law

Kyriakakis, Joanna
Corporations Accountability and International Criminal Law Book PDF

Author : Kyriakakis, Joanna
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 49,8 Mb
Release : 2021-12-09
Category : Law
ISBN : 9780857939500

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Corporations, Accountability and International Criminal Law by Kyriakakis, Joanna Pdf

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.

Business, Human Rights and Transitional Justice

Irene Pietropaoli
Business Human Rights and Transitional Justice Book PDF

Author : Irene Pietropaoli
Publisher : Routledge
Page : 240 pages
File Size : 52,7 Mb
Release : 2020-05-07
Category : Business & Economics
ISBN : 9781000066067

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Business, Human Rights and Transitional Justice by Irene Pietropaoli Pdf

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.

Transitional Justice in Aparadigmatic Contexts

Tine Destrooper,Line Engbo Gissel,Kerstin Bree Carlson
Transitional Justice in Aparadigmatic Contexts Book PDF

Author : Tine Destrooper,Line Engbo Gissel,Kerstin Bree Carlson
Publisher : Taylor & Francis
Page : 185 pages
File Size : 54,7 Mb
Release : 2023-03-23
Category : Law
ISBN : 9781000845600

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Transitional Justice in Aparadigmatic Contexts by Tine Destrooper,Line Engbo Gissel,Kerstin Bree Carlson Pdf

This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and ‘aparadigmatic’ cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors’ intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights. The Introduction, Chapter 8 and the Concluding Remarks of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Economic Actors and the Limits of Transitional Justice

Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez
Economic Actors and the Limits of Transitional Justice Book PDF

Author : Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez
Publisher : Proceedings of the British Aca
Page : 342 pages
File Size : 48,9 Mb
Release : 2022-02-06
Category : Business & Economics
ISBN : 0197267262

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Economic Actors and the Limits of Transitional Justice by Leigh A. Payne,Gabriel Pereira,Laura Bernal-Bermúdez Pdf

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, Corporate Accountability and Socio-Economic Rights

Laura García Martín
Transitional Justice Corporate Accountability and Socio Economic Rights Book PDF

Author : Laura García Martín
Publisher : Routledge
Page : 227 pages
File Size : 45,9 Mb
Release : 2019-07-25
Category : Business & Economics
ISBN : 9781000497250

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Transitional Justice, Corporate Accountability and Socio-Economic Rights by Laura García Martín Pdf

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.

Accountability, International Business Operations and the Law

Liesbeth Enneking,Ivo Giesen,Anne-Jetske Schaap,Cedric Ryngaert,Francois Kristen,Lucas Roorda
Accountability International Business Operations and the Law Book PDF

Author : Liesbeth Enneking,Ivo Giesen,Anne-Jetske Schaap,Cedric Ryngaert,Francois Kristen,Lucas Roorda
Publisher : Routledge
Page : 299 pages
File Size : 49,5 Mb
Release : 2019-12-05
Category : Law
ISBN : 9781351127141

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Accountability, International Business Operations and the Law by Liesbeth Enneking,Ivo Giesen,Anne-Jetske Schaap,Cedric Ryngaert,Francois Kristen,Lucas Roorda Pdf

A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.

Transitional Justice in Latin America

Elin Skaar,Jemima Garcia-Godos,Cath Collins
Transitional Justice in Latin America Book PDF

Author : Elin Skaar,Jemima Garcia-Godos,Cath Collins
Publisher : Routledge
Page : 318 pages
File Size : 53,6 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781317526209

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Transitional Justice in Latin America by Elin Skaar,Jemima Garcia-Godos,Cath Collins Pdf

This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

The Global Climate Regime and Transitional Justice

Sonja Klinsky,Jasmina Brankovic
The Global Climate Regime and Transitional Justice Book PDF

Author : Sonja Klinsky,Jasmina Brankovic
Publisher : Routledge
Page : 136 pages
File Size : 48,5 Mb
Release : 2018-04-27
Category : Business & Economics
ISBN : 9781351854917

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The Global Climate Regime and Transitional Justice by Sonja Klinsky,Jasmina Brankovic Pdf

Geopolitical changes combined with the increasing urgency of ambitious climate action have re-opened debates about justice and international climate policy. Mechanisms and insights from transitional justice have been used in over thirty countries across a range of conflicts at the interface of historical responsibility and imperatives for collective futures. However, lessons from transitional justice theory and practice have not been systematically explored in the climate context. The comparison gives rise to new ideas and strategies that help address climate change dilemmas. This book examines the potential of transitional justice insights to inform global climate governance. It lays out core structural similarities between current global climate governance tensions and transitional justice contexts. It explores how transitional justice approaches and mechanisms could be productively applied in the climate change context. These include responsibility mechanisms such as amnesties, legal accountability measures, and truth commissions, as well as reparations and institutional reform. The book then steps beyond reformist transitional justice practice to consider more transformative approaches, and uses this to explore a wider set of possibilities for the climate context. Each chapter presents one or more concrete proposals arrived at by using ideas from transitional justice and applying them to the justice tensions central to the global climate context. By combining these two fields the book provides a new framework through which to understand the challenges of addressing harms and strengthening collective climate action. This book will be of great interest to scholars and practitioners of climate change and transitional justice.

The Holocaust, Corporations, and the Law

Leora Bilsky
The Holocaust Corporations and the Law Book PDF

Author : Leora Bilsky
Publisher : University of Michigan Press
Page : 253 pages
File Size : 43,6 Mb
Release : 2017-09-12
Category : Business & Economics
ISBN : 9780472053612

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The Holocaust, Corporations, and the Law by Leora Bilsky Pdf

The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history. Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.

Transitional Justice in Rwanda

Gerald Gahima
Transitional Justice in Rwanda Book PDF

Author : Gerald Gahima
Publisher : Routledge
Page : 434 pages
File Size : 45,8 Mb
Release : 2013-02-15
Category : Law
ISBN : 9781135118532

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Transitional Justice in Rwanda by Gerald Gahima Pdf

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.

Strategic Litigation and Corporate Complicity in Crimes Under International Law

Kalika Mehta
Strategic Litigation and Corporate Complicity in Crimes Under International Law Book PDF

Author : Kalika Mehta
Publisher : Taylor & Francis
Page : 207 pages
File Size : 53,6 Mb
Release : 2023-10-09
Category : Law
ISBN : 9781000969931

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Strategic Litigation and Corporate Complicity in Crimes Under International Law by Kalika Mehta Pdf

This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.

Human Rights and the UN Universal Periodic Review Mechanism

Damian Etone,Amna Nazir,Alice Storey
Human Rights and the UN Universal Periodic Review Mechanism Book PDF

Author : Damian Etone,Amna Nazir,Alice Storey
Publisher : Taylor & Francis
Page : 276 pages
File Size : 42,6 Mb
Release : 2024-02-27
Category : Law
ISBN : 9781003855873

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Human Rights and the UN Universal Periodic Review Mechanism by Damian Etone,Amna Nazir,Alice Storey Pdf

The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first part focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, the third part questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future. The volume will be a valuable resource for researchers, academics, and policymakers working in the area of international human rights law, international organizations, and international relations. We would like to acknowledge the UPR Academic Network (UPRAN) for bringing together the experts on this project and the University of Stirling for providing funds to facilitate open access dissemination for parts of this output.

An Introduction to Transitional Justice

Olivera Simić
An Introduction to Transitional Justice Book PDF

Author : Olivera Simić
Publisher : Routledge
Page : 343 pages
File Size : 49,9 Mb
Release : 2020-07-30
Category : Law
ISBN : 9781000096286

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An Introduction to Transitional Justice by Olivera Simić Pdf

The Second Edition of An Introduction to Transitional Justice provides a comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field, it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.