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Article

1 Oct 2008

Author:
Anita Ramasastry, University of Washington School of Law

Mapping the Web of Liability: The Expanding Geography of Corporate Accountability in Domestic Jurisdictions

Over the past decade, transnational corporations have been implicated in serious violations of international law…Often, businesses find themselves implicated in human rights violations in countries with repressive regimes…[W]hat about businesses operating amidst such violence or harm – do they bear any legal responsibility for the harm occurring in their midst?...[I]f a company is complicit, should they be held legally responsible?...If these victims live in a country with a repressive government…they cannot seek a remedy in their own state.  But what about seeking redress in the home state where a corporation may be…headquartered?…There is an expanding web of liability which means that corporations may find themselves subject to lawsuit or prosecution in many more courts throughout the world.  In 2006, A Norwegian research institute, the Fafo Institute for Applied International Studies, published a groundbreaking study entitled commerce, Crime and Conflict (CCC).  The purpose of the study was…to assess the legal frameworks…for holding economic actors accountable for aiding and abetting international crimes and human rights violations…The map of legal liability is ever changing…[and] [t]his gives businesses an expanding obligation to abide by international law and an expanding realm of possibility for victims to seek redress and for governments to hold businesses accountable. [Refers to Shell, Unocal]