Initiatives > Extraterritorial Obligations and Access to Judicial Remedy
Extraterritorial Obligations and Access to Judicial Remedy
On December 4, 2013, the International Corporate Accountability Roundtable (ICAR) CORE, and the European Coalition for Corporate Justice (ECCJ) launched “The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business.” The Report was researched and written by Professor Gwynne Skinner, Professor Robert McCorquodale, Professor Olivier De Schutter, and Andie Lambe, all international experts on business and human rights. The Report was launched in conjunction with the United Nations Second Annual Forum on Business and Human Rights.
The Authors developed this Report by gathering information through a series of research consultations, as well as some independent research. The consultation participants included those in legal practice and non-governmental organizations (both lawyers and non-lawyers), legal academics, as well as senior retired judges and experienced consultants in this area.
This Report shows that, two years from the universal endorsement of the UN Guiding Principles on Business and Human Rights, States are failing in their obligation to ensure access to effective judicial remedies to victims of human rights violations by businesses operating outside their territory. It identifies and analyzes the most significant barriers to effective judicial remedy in the United States, Canada, and Europe, setting out detailed recommendations for the actions States should take to address the issue.
The report is available for download in English, French, and Spanish.
English
Français
Español
Analysis and Updates From This Initiative
11 June 2014
On 10 and 11 June 2014 the International Corporate Accountability Roundtable (ICAR), Amnesty International, and the Norwegian Peacebuilding Resource Centre (NOREF) convened a closed two-day meeting to identify prosecution gaps at the national level involving criminal acts by corporate actors thatRead More…
26 February 2014
When businesses engage in illegal conduct that results in serious human rights abuse, they rarely, if ever, are held to account. This problem is particularly acute in the context of business activity involving multiple jurisdictions. Home States rarely take stepsRead More…
04 December 2013
On December 4, 2013, the International Corporate Accountability Roundtable (ICAR), CORE, and the European Coalition for Corporate Justice (ECCJ) launched “The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business.” The Report was researched and writtenRead More…
04 October 2013
ICAR and EarthRights International have launched a nationwide project partnering with law schools to research state law and propose recommendations for legal reform around corporate accountability in their state. This project is in part a response to the recent SupremeRead More…
17 April 2013
On April 17th, 2013, the United States Supreme Court ruled in Kiobel v. Royal Dutch Petroleum (Shell) that Esther Kiobel may not proceed in her case against Shell for aiding and abetting in the torture and murder of her husband. TheRead More…