株式会社極東書店トップ > 商品一覧 > Corporations and Transnational Human Rights Litigation.
商品詳細
Corporations and Transnational Human Rights Litigation. 企業と国境を越えた人権訴訟
・ISBN 978-1-84113-457-4 hard GB£ 80.00
¥25,344.- (税込) ※(※)価格はご注文時の参考価格となります。
納品価格につきましては書籍の入荷時点で確定となります。
版元の原価改定、外国為替の変動等により異なる場合がございますので、予めご了承下さい。
お気に入り
★★★
電子版あり 大学・学術機関向け電子ブック(eBook)ISBN 978-1-4725-6308-8
| 著者・編者 | Joseph, Sarah, |
|---|---|
| シリーズ | Human Rights Law in Perspectives |
| 出版社 | (Hart, UK) |
| 出版年月 | 2004 |
| ページ数 | 188 pp. |
| 言語 | ENG |
| ニュース番号 | <508-790> |
解説
Since the mid-1980s,beginning with the unsuccessful Union Carbide litigation in the USA, litigants have been exploring ways of holding multinational corporations [MNCs] liable for offshore human rights abuses in the courts of the companies' home States. The highest profile cases have been the human rights claims brought against MNCs (such as Unocal, Shell, Rio Tinto, Coca Cola, and Talisman) under the Alien Tort Claims Act in the United States. Such claims also raise issues under customary international law (which may be directly applicable in US federal law) and the Racketeer Influenced and Corrupt Organizations [RICO] statute. Another legal front is found in the USA, England and Australia, where courts have become more willing to exercise jurisdiction over transnational common law tort claims against home corporations. Futhermore, a corporation's human rights practices were indirectly targeted under trade practices law in groundbreaking litigation in California against sportsgoods manufacturer Nike. This new study examines these developments and the procedural arguments (eg regarding personal jurisdiction and especially forum non conveniens) which have been used to block litigation, as well as the principles which can be gleaned from cases which have settled. The analysis is important for human rights victims in order to know the boundaries of possible available legal redress. It is also important for MNCs, which must now take human rights into account in managing the legal risks (as well as moral and reputation risks) associated with offshore projects.