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The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business. Executive Summary & Recommendations

Author: Gwynne Skinner, Robert McCorquodale, Olivier De Schutter & Andie Lambe, Published on: 1 December 2013

This Report identified ten key issues on which reform should be focused to ensure access to effective judicial remedy:

  1. Ability to bring a claim where the harm occurs outside the home state…
  2. Forum non conveniens doctrine…
  3. Corporate liability for human rights abuse…
  4. Time limitations on bringing claims…
  5. Immunities and non-justiciability doctrines…
  6. Applicable law…
  7. Proving human rights violations…
  8. The cost of bringing transnational litigation…
  9. The structure of the corporate group…
  10. Remedies: reach and enforcement…

...Summary of recommendations.  In order to ensure effective remedy for victims of corporate related human rights abuse as is required under the ungps and international law more generally, States must adopt a range of legislative and policy measures to alleviate the barriers that these victims face.  The following are the recommendations that the Authors consider are necessary to overcome some of the most substantial of the barriers that were found to exist in the States reviewed…

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