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[PDF] Corporate Human Rights Violations and Private International Law - The Hinge Function and Conductivity of PIL in Implementing Human Rights in Civil Proceedings in Europe: a Facilitating Role for PIL or PIL as a Complicating Factor?

It is conceivable – and this is the central hypothesis of this contribution − that a non- European subsidiary of a European parent company has violated human rights outside Europe...and that the European parent company itself has been involved in that violation, too...Given...the hypothesis that plaintiffs want to bring an action before an EU Member State court – this exploration and analysis will be based on the European PIL [private international law] perspective...PIL can play a key role in the efforts to offer victims of human rights violations a real possibility of recovering damage suffered by them in civil proceedings against those who were actually involved in this violation...Care should be taken to ensure that PIL is not reduced to an instrument of power in the hands of the stronger party, who can use it in order to benefit even more from a situation of ‘competing norms'...