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8 - Overcoming Other Barriers to Remedy

from Part II - Legal Barriers to Remedy and How to Overcome Them

Published online by Cambridge University Press:  04 September 2020

Gwynne L. Skinner
Assisted by
Rachel Chambers  and
Sarah McGrath
Gwynne L. Skinner
Affiliation:
Willamette University College of Law
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Summary

In addition to the main doctrinal barriers listed in previous chapters, there are other substantive legal barriers victims face when trying to obtain a judicial remedy for TNC-related extraterritorial human rights abuses. For example, there remains the unsettled questions under international and domestic law of whether a corporation can violate international law, and thus whether it can be sued for violations of international law, and the unsettled law regarding the legal standard for corporate vicarious liability for human rights violations.

Keywords

Choice of lawdiscoverycostscollective redresscriminal prosecutionsretaliatory lawsuits
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Chapter
Information
Transnational Corporations and Human Rights
Overcoming Barriers to Judicial Remedy
 , pp. 109 - 157
Publisher: Cambridge University Press
Print publication year: 2020

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