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記事

2017年3月27日

著者:
Global Arbitration Review

Intl. law specialists propose arbitration rules to resolve business & human rights disputes

"Call for new rules for human rights disputes involving business", 24 Mar 2017

...Three international law specialists [Claes Cronstedt, Jan Eijsbouts & Robert C. Thompson] have proposed drafting a special set of rules for the arbitration of disputes over alleged human rights abuses by businesses, arguing that it would solve an access to justice problem and have a preventative effect all the way down the supply chain...In a paper presented at an event in Stockholm this week, they argue that international arbitration “holds great promise” as a method of resolving such disputes, which often occur in regions where national courts are “dysfunctional, corrupt, politically influenced or simply unqualified”.  Parties to such disputes – generally multinational business enterprises accused of human rights businesses and their alleged victims or private groups or NGOs representing them – have need of a private system that can function in these regions...To counter the “inequality of arms” that human right abuse victims currently face when they assert their rights, the authors suggest permitting representation of victims by NGOs and labour unions and the use of pro bono or legally aided lawyers’ services...

Part of the following timelines

Lawyers propose intl. arbitration rules as remedy for business & human rights abuses

Proposals for Intl. Tribunal on corporate liability for human rights abuses