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11 Jul 2016

Claes Cronstedt & Robert C. Thompson, Working Group on International Arbitration Tribunal on Business and Human Rights, on Harvard International Law Journal (USA)

Intl. arbitration tribunal is a possible remedy for victims of corporate human rights abuses, propose lawyers

"A Proposal for an International Arbitration Tribunal on Business and Human Rights", 7 Jul 2016

...The system is failing victims who are unable to access effective remedies for the abuses they have suffered.  And it is failing many multinational business enterprises as well, which often are operating in environments of great legal uncertainty.

To be successful, businesses must have good relations with other stakeholders in society...We are therefore proposing that the reach of existing international arbitration rules and institutions be broadened to include human rights disputes involving MNEs, their business partners, and victims of abuses...The first step would be for a team of experts in international and human rights law that represents diverse stakeholders to evaluate existing international arbitration and mediation rules...Arbitration under the auspices of the Tribunal would complement the work of other stakeholders in the effort to improve access to justice.

...The Tribunal proposal has attracted international interest and positive responses. In the growing movement for access to justice, the Tribunal would operate on a parallel or complementary track with the court systems. It would become one of the most effective avenues to rid the world of abuses.