Transitional Justice, Corporate Accountability and Socio-Economic Rights

Transitional Justice, Corporate Accountability and Socio-Economic Rights

Author: Laura García Martín

Publisher: Routledge

Published: 2019-07-25

Total Pages: 227

ISBN-13: 1000497259

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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.


Book Synopsis Transitional Justice, Corporate Accountability and Socio-Economic Rights by : Laura García Martín

Download or read book Transitional Justice, Corporate Accountability and Socio-Economic Rights written by Laura García Martín and published by Routledge. This book was released on 2019-07-25 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Corporate Accountability in the Context of Transitional Justice

Corporate Accountability in the Context of Transitional Justice

Author: Sabine Michalowski

Publisher: Routledge

Published: 2014-06-23

Total Pages: 260

ISBN-13: 1317577485

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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.


Book Synopsis Corporate Accountability in the Context of Transitional Justice by : Sabine Michalowski

Download or read book Corporate Accountability in the Context of Transitional Justice written by Sabine Michalowski and published by Routledge. This book was released on 2014-06-23 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Transitional Justice and Corporate Accountability from Below

Author: Leigh A. Payne

Publisher: Cambridge University Press

Published: 2020-04-30

Total Pages: 395

ISBN-13: 1108640753

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Bruno Tesch was tried and executed for his company's Zyklon B gas used in Nazi Germany's extermination camps. This book examines this trial and the more than 300 other economic actors who faced prosecution for the Holocaust's crimes against humanity. It further tracks and analyses similar transitional justice mechanisms for holding economic actors accountable for human rights violations in dictatorships and armed conflict: international, foreign, and domestic trials and truth commissions from the 1970s to the present in every region of the world. This book probes what these accountability efforts are, why they take place, and when, where, and how they unfold. Analysis of the authors' original database leads them to conclude that 'corporate accountability from below' is underway, particularly in Latin America. A kind of Archimedes' lever places the right tools in weak local actors' hands to lift weighty international human rights claims, overcoming the near absence of international pressure and the powerful veto power of business.


Book Synopsis Transitional Justice and Corporate Accountability from Below by : Leigh A. Payne

Download or read book Transitional Justice and Corporate Accountability from Below written by Leigh A. Payne and published by Cambridge University Press. This book was released on 2020-04-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bruno Tesch was tried and executed for his company's Zyklon B gas used in Nazi Germany's extermination camps. This book examines this trial and the more than 300 other economic actors who faced prosecution for the Holocaust's crimes against humanity. It further tracks and analyses similar transitional justice mechanisms for holding economic actors accountable for human rights violations in dictatorships and armed conflict: international, foreign, and domestic trials and truth commissions from the 1970s to the present in every region of the world. This book probes what these accountability efforts are, why they take place, and when, where, and how they unfold. Analysis of the authors' original database leads them to conclude that 'corporate accountability from below' is underway, particularly in Latin America. A kind of Archimedes' lever places the right tools in weak local actors' hands to lift weighty international human rights claims, overcoming the near absence of international pressure and the powerful veto power of business.

Business, Human Rights and Transitional Justice

Business, Human Rights and Transitional Justice

Author: Irene Pietropaoli

Publisher: Routledge

Published: 2020-05-07

Total Pages: 240

ISBN-13: 1000066061

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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.


Book Synopsis Business, Human Rights and Transitional Justice by : Irene Pietropaoli

Download or read book Business, Human Rights and Transitional Justice written by Irene Pietropaoli and published by Routledge. This book was released on 2020-05-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and Socio-Economic Rights in Zimbabwe

Transitional Justice and Socio-Economic Rights in Zimbabwe

Author: Prosper Maguchu

Publisher: Springer

Published: 2019-07-26

Total Pages: 175

ISBN-13: 9462653232

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This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe’s widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.


Book Synopsis Transitional Justice and Socio-Economic Rights in Zimbabwe by : Prosper Maguchu

Download or read book Transitional Justice and Socio-Economic Rights in Zimbabwe written by Prosper Maguchu and published by Springer. This book was released on 2019-07-26 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe’s widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.

Corporate Accountability under Socio-Economic Rights

Corporate Accountability under Socio-Economic Rights

Author: Jernej Letnar Černič

Publisher: Routledge

Published: 2018-08-14

Total Pages: 296

ISBN-13: 1351973797

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In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.


Book Synopsis Corporate Accountability under Socio-Economic Rights by : Jernej Letnar Černič

Download or read book Corporate Accountability under Socio-Economic Rights written by Jernej Letnar Černič and published by Routledge. This book was released on 2018-08-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.

Economic Actors and the Limits of Transitional Justice

Economic Actors and the Limits of Transitional Justice

Author: Leigh A. Payne

Publisher: Proceedings of the British Aca

Published: 2022-02-06

Total Pages: 342

ISBN-13: 9780197267264

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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.


Book Synopsis Economic Actors and the Limits of Transitional Justice by : Leigh A. Payne

Download or read book Economic Actors and the Limits of Transitional Justice written by Leigh A. Payne and published by Proceedings of the British Aca. This book was released on 2022-02-06 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Corporations, Accountability and International Criminal Law

Corporations, Accountability and International Criminal Law

Author: Kyriakakis, Joanna

Publisher: Edward Elgar Publishing

Published: 2021-12-09

Total Pages: 320

ISBN-13: 0857939505

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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.


Book Synopsis Corporations, Accountability and International Criminal Law by : Kyriakakis, Joanna

Download or read book Corporations, Accountability and International Criminal Law written by Kyriakakis, Joanna and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice in Latin America

Transitional Justice in Latin America

Author: Elin Skaar

Publisher: Routledge

Published: 2016-10-27

Total Pages: 318

ISBN-13: 1317526201

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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.


Book Synopsis Transitional Justice in Latin America by : Elin Skaar

Download or read book Transitional Justice in Latin America written by Elin Skaar and published by Routledge. This book was released on 2016-10-27 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transitional Justice

Transitional Justice

Author: Hakeem O. Yusuf

Publisher: Routledge

Published: 2021-09-06

Total Pages: 235

ISBN-13: 1317642546

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Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.


Book Synopsis Transitional Justice by : Hakeem O. Yusuf

Download or read book Transitional Justice written by Hakeem O. Yusuf and published by Routledge. This book was released on 2021-09-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as: The origin, context and development of transitional justice Victims, victimology and transitional justice Prosecutions for abuses and gross violations of human rights Truth commissions Transitional justice and local justice Gender, political economy and transitional justice Apology, reconciliation and the politics of memory Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject. Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers.