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Article

28 Apr 2015

Author:
Irina Crivet, Koç University, on academia.edu

Commentary: Domestic courts are necessary to ensure access to remedy until legally binding treaty facilitates process

"Domestic remedies for international business-related human rights abuses", 28 Apr 2015

The area of Business and Human Rights is becoming widely debated nowadays in determining the role of corporations in law making process. Mostly, because human rights abuses by transnational and multinational corporations occur more widely in the last decades. The victims of the abuses have the right to seek redress as it is granted by international treaties on human rights...[T]he supervision of international human rights obligations through domestic courts is probably the most effective route available and in the same time feasible to bring remedies...[T]he role of domestic courts in bringing remedies is essential. Until a legal binding treaty backed up by an international court or committee will not facilitate an easier process to bring remedies, the domestic courts is the place where to do so. However, the states should encourage and promote until that moment the UN Framework adapting legal norms according with it. [Refers to ConocoPhilips, Danzer, Monterrico Metals (part of Zijin), Rio Blanco Copper, Shell, Texaco (part of Chevron)]