Human Rights Litigation against Multinational Companies in Germany

2021 ◽  
pp. 254-277
Author(s):  
Miriam Saage-Maaβ‎
Keyword(s):  
Human Rights ◽  
German Law ◽  
Multinational Companies ◽  
Collective Actions ◽  
Choice Of Law ◽  
Greenhouse Emissions ◽  
Human Rights Abuse ◽  
Injunctive Relief ◽  
Key Issues ◽  
Legal Costs

Miriam Saag-Maaβ‎ reviews the potential for human rights and environmental cases against multinationals in Germany. Outlining the rules on jurisdiction as per EU and national law. The chapter discusses the application of the Rome II Regulation to choice of law and the potential relevance of overriding mandatory provisions of German law and the possibility of claims for impairment or interference with property including the injunctive relief to prevent flooding caused by greenhouse emissions in Lliaya v. RWE. It also outlines the elements for liability for corporate human rights abuse under section 823(I) BGB and for the omission to comply with safety duties, in particular the potential for claims against a parent or buying company for breach of a safety duty by subsidiaries and suppliers. It considers key issues arising in Jabbir v. KiK, including the application of the Pakistani law and outlines key barriers to justice relating to discovery, collective actions, recovery of legal costs and funding.

scholarly journals Chinese Multinational Companies in Africa: The Human Rights Discourse

2015 ◽  
Vol 8 (1-2) ◽  
pp. 33-86 ◽  
Author(s):  
Qingxiu Bu
Keyword(s):  
Human Rights ◽  
Multinational Companies ◽  
Playing Field ◽  
Hard Law ◽  
Human Rights Abuse ◽  
Global Presence ◽  
Protection Of Human Rights ◽  
Rights Discourse ◽  
Comprehensive Framework ◽  
Human Rights Discourse

In this century, human rights have been transformed into a mainstream issue for multinational companies with a global presence. It is likely that a multipronged mechanism will imminently be demanded to ensure the accountability of economic actors responsible for human rights abuse. This paper places particular stress on the ostensibly prioritized objectives within international human rights arenas. A highly contentious debate revolves around whether China’s approach to ensuring human rights is in tandem with the West’s in helping Africa move forward or whether it will complicate the current playing field and even undermine the West’s long-standing credibility in relation to the protection of human rights. Relying heavily on instruments like the Alien Tort Statute (ats) has proved inadequate. A more promising path seems to be a comprehensive framework of hard law and soft law initiatives, along with other incentives.

THE ROLE OF THE UNITED NATIONS IN PREVENTING HUMAN RIGHTS AND SEXUAL ABUSE IN JAMMU-KASHMIR CONFLICT

2021 ◽  
pp. 1-15
Author(s):  
Foday Yarbou
Keyword(s):  
Human Rights ◽  
International Community ◽  
Theoretical Explanation ◽  
Territorial Disputes ◽  
Jammu And Kashmir ◽  
Human Rights Abuses ◽  
The People ◽  
Human Rights Abuse ◽  
United Nation

AbstractThe conflict between Jammu and Kashmir has acquired a multifaceted character. On one hand, the conflict involves national and territorial contestations between India and Pakistan, and on the other, it entails different kinds of human rights abuses and various political demands by religious, linguistic, regional, and ethnic groups in both parts. This article aims to portrait the images and human rights abuses meted on the people of Jammu and Kashmir. It also urges and pleads to India and Pakistan and all those countries who are taking part directly or indirectly in the territorial disputes or conflict in the region of Jammu and Kashmir to end the conflict. Human rights abuse such as torture, rape, sexual harassment, murder, and unnecessary killings of the people of this region were all condemned by the author of this article. He further requests the international community such as the United Nation to take a bold step in settling the conflict in that region by passing an effective resolution at the international level that will put an end to the conflict. In this article, the author uses a qualitative research method to explore different journals and write up of scholars in finding tangible solutions to the conflict in Jammu and Kashmir. The author also uses a theoretical explanation in the article. The result of this article intends to see that all the main concerning points raised in this write-up are fully considered and implemented by the United Nation in bringing peace and stability in the region of Jammu and Kashmir. Conflict in this region has become a worrying issue in the international community and the necessary steps should be taken to bring it to halt.

The Accountability of Multinational Companies for Human Rights Violations, Regulatory Trends and New Punitive Approaches Across Europe

2021 ◽  
Vol 11 (1) ◽  
pp. 36-62
Author(s):  
Rossella Sabia
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Multinational Companies ◽  
Financial Disclosure ◽  
Soft Law ◽  
Human Rights Violations ◽  
Legal Obligations ◽  
Disclosure Laws ◽  
Global Operations ◽  
Regulatory Trends

This article investigates the emergence of new regulatory trends in the context of human rights accountability - traditionally characterised by soft law and non-binding guidelines -, where in recent times mandatory non-financial disclosure laws have started to impose on multinational companies new legal obligations complemented by sanctions of a different nature and intensity. By comparing three relevant pieces of legislation in the European panorama, this contribution addresses the reasons why also criminal law scholars should pay attention to the evolution of such regulatory framework, as the prospect of punitive mechanisms aimed at holding large companies accountable for human rights violations in their global operations could become, to some extent, less remote.

scholarly journals Corporate social responsibility and protection of workers’ human rights: the case of Germany

2020 ◽  
Vol 10 (2) ◽  
pp. 253-270
Author(s):  
Achim Seifert
Keyword(s):  
Human Rights ◽  
Supply Chain ◽  
Supply Chains ◽  
Public Procurement ◽  
Action Plan ◽  
German Law ◽  
Human Rights Violations ◽  
Current Debate ◽  
Recent Developments ◽  
Protection Of Human Rights

The following Article analyzes recent developments of German law regarding CSR and the protection of human rights in the production sites of foreign subsidiaries and suppliers of German companies. It gives a brief overview on the National Action Plan of the Federal Government, adopted in 2016, analyzes possibilities of a direct enforcement of human rights violations before German courts and gives a survey on some relevant instruments German law uses to promote the respect of human rights by German companies (e.g. CSR transparency and public procurement law). Finally, the current debate on the adoption of a “Supply Chains Act” is briefly assessed. The author argues that the CSR debate in Germany has reached a crossroad with the Federal Government’s initiative for a “Supply Chains Act” since such Act would probably establish a supply chain due diligence and also a delictual liability of German companies for human rights violations caused by a non-compliance with its statutory duties to control its supply chain. However, the outcome of this ongoing debate still is unclear.

scholarly journals GOOD GOVERNANCE AND PROTECTION OF HUMAN RIGHTS IN AFRICA: THE ROLE OF THE LEGISLATURE IN THE TWENTY-FIRST CENTURY

2012 ◽  
Vol 19 (1) ◽  
Author(s):  
R K Salman
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
First Century ◽  
Modern Concept ◽  
African Countries ◽  
Level Of Functioning ◽  
Institutional Infrastructure ◽  
Human Rights Abuse ◽  
Effective Performance ◽  
Protection Of Human Rights

This article is intended to detail the extent of human rights abuse in Africa and broad conceptual issues of good governance and why it is needed in Africa. It commences with a belief that many African countries have been mis-ruled and as such needs good governance. It assumes that good governance on a continuing basis requires an effective institutional infrastructure and that functioning legislatures can help in that respect. It also contends that good governance and to a large extent some level of functioning democracy is related. The paper shows that effective legislature helps to sustain democracy where it exists and elsewhere help to democratize by fulfilling the promise inherent in the public’s right to be represented. If given necessary opportunity, representative institutions can connect people to their government by giving them a forum where their needs can be articulated. But to achieve this, cooperation of other institutional bodies are inevitable. Therefore, section I of the paper examines the African concept of human rights and chronicles the problems of Africa which is tagged violation of human rights and bad leadership. Sections II explores the concept of good governance, its genesis and what it entails. The section links human rights to good governance and states why it is needed in Africa. While section III explains the modern concept of legislature, what legislatures do, and how they do it. The section advocates for some mechanisms which will enhance effective performance of legislature. The paper concludes with a strong hope that the legislature can significantly impact on good governance and human rights if given cooperation by media, human rights bodies and other arms of government.

Human Rights Litigation against Multinationals in Practice

2021 ◽  
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
Collective Actions ◽  
Human Rights Abuses ◽  
Applicable Law ◽  
Business And Human Rights ◽  
Global North ◽  
Formed Part ◽  
Parent Companies

This book reviews the current position in this field, which has developed over the past 25 years, designed to hold multinationals to account, legally, for human rights abuses in the Global South. The authors are practising lawyers who have litigated and led prominent cases of legal significance in this field. Although the focus is on the Global North, where most of the cases have been brought—United Kingdom, United States, Canada, Australia, France, Netherlands, and Germany—there is also a chapter on South Africa. The cases cited include claims against parent companies for harm caused by subsidiary operations, claims for corporate complicity in violations perpetrated by States, and claims arising in a supply chain context. Whilst other books have included consideration of the legal aspects of many of the cases, the focus here is on the interrelated strategic and practical, as well as legal, considerations on which viability and prospects of success depend. In addition to questions of jurisdiction, applicable law, and theories of liability, obstacles to justice concerning issues such as access to information, collective actions, witness protection, damages and costs, and funding regimes (including a specific chapter on litigation funding), and issues relating to public pressure and settlement, are discussed. Although most of the authors act for victims, there is a substantial chapter providing the perspectives of business. Since this area of litigation has developed concurrently with, and has formed part of, the rapidly mushrooming field of business and human rights, the contextual relevance of the UNGPs is considered.

Non-discrimination, Accommodation, and Intersectionality under the CRPD: New Trends and Challenges for the UN Human Rights System

2017 ◽  
Vol 20 (1) ◽  
pp. 98-130
Author(s):  
Wiebke Ringel
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Level ◽  
General Assembly ◽  
Persons With Disabilities ◽  
Human Rights Treaties ◽  
Treaty Body ◽  
Key Issues ◽  
Un General Assembly ◽  
And Gender

On 3 May 2008, the Convention on the Rights of Persons with Disabilities (CRPD) entered into force. The CRPD is the first human rights treaty adopted by the UN General Assembly in the 21st century. It is also the first binding international law instrument that specifically and comprehensively addresses disability from a human rights perspective. Building on existing UN human rights treaties, the CRPD aims to strengthen the effective enjoyment of all human rights by persons with disabilities. Specifically, the new convention seeks to remedy the neglect and marginalization of the rights of persons with disabilities not just at the national level but also at the international level, most notably within the UN treaty system. In this regard, the new convention endorses innovative and new approaches relating to, inter alia, the notions of disability, nondiscrimination, and intersectionality. This article analyses selected emerging key issues, including the principle of reasonable accommodation and the intersectionality of disability and gender. A specific focus will be on the emerging jurisprudence of the responsible treaty body, the UN Committee on the Rights of Persons with Disabilities. While some of the aspects discussed may appear to primarily arise under a disability-specific perspective, it is suggested that they could potentially provide an impetus to advance the UN human rights system in general, beyond the context of disability.

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