Transnational Corporations in the dock: Human Rights Violations and the Possibilities of Accountability
Authors: Fernando Gallardo Prioste and Thiago Vieira Pinheiro Azevedo Hoshino
CONTENTS PRESENTATION
REFERENCE GUIDE
TRANSNATIONAL CORPORATIONS AND HUMAN RIGHTS: ACTIONS
conflicting interests TRANSNATIONAL LEGAL AND SENSE
of litigation and THE LIMITS OF LITIGATION AGAINST TRANSNATIONAL-BY ALEJANDRO TEITELBAUM
SUBSIDIES FOR ACTIONS Relationship between lawyers, social movements and victims
Corporate Information Types of human rights violations and disputes
network Definition of the objectives of the action
legal possibilities to make and maintain legal action
Analysis of various spaces and forms of intervention instruments
NATIONAL MECHANISMS Civil
Foreign Claims Act (ATCA)
Case 1: vs Wiwa. Royal Dutch Petroleum Company and Shell Transport Ltd.
Case 2: Aguinda vs. Texaco Inc. and Jota Ashanda Gabriel et al. vs. Texaco Inc.
Companies Act (Companies Act)
MECHANISMS
United Nations Organization (UNO)
International Labour Organization (ILO)
Case 1: Sindiquímica-PR vs. Fosfertil / Ultrafértil
Organization for Economic Cooperation and Development (OECD)
Case 1: Community vs Dongria Kondh. Vedanta Alumina Ltd.
Case 2: Cave vs Sipetrol. Shell
European Union (European Economic and Social Committee)
Case 1: Human Rights Foundation vs. Marangopoulos. Public Power Company
Organization of American States
Case 1: Mayagna Awas Vs Tingni. Nicaragua
MECHANISM OF FINANCIAL INSTITUTIONS
World Bank (International Development Association and the World Bank for Reconstruction and Development)
Case 1: Eastern vs. Parej communities. Coal India Ltd.
World Bank (International Finance Corporation and Multilateral Investment Guarantee Agency investments)
Case 1: Federation of Rural vs. Minera Yanacocha SA
Case 2: Different groups vs. André Maggi Participacoes Ltda
Case 1: Federation of Rural vs. Minera Yanacocha SA
Case 2: Different groups vs. André Maggi Participacoes Ltda
Inter-American Development Bank (IDB)
Case 1: Movement of People Affected by Hydropower (MAB) vs. Tractebel Energia SA 66
NOTES REFERENCES
PRESENTATION
The issue of accountability of transnational corporations for violations of human rights, despite being relatively new, has a complex and comprehensive approach. Similarly, the challenges that exist to improve the instruments that allow legal actions against transnational validation depend on complex political context and the development of new national and international legal theory.
Thus, addressing national and international instruments and critically
the basis of experience, presupposes the development of complex material in terms of content
and simple in the way of exposure.
To account for this need the present work is essentially organized in two stages.
In the beginning, are presented general issues that can will fly a legal action against transnational
.
Case 1: Movement of People Affected by Hydropower (MAB) vs. Tractebel Energia SA 66
NOTES REFERENCES
PRESENTATION
This work was developed by the need to expose a wealth of knowledge and experience in the issue of accountability of transnational corporations for the violation of human rights, pointing out possible ways of intervention.
This guide aims to show some basics in the field of human rights, transnational corporations and litigation. It aims to signaling pathways that can take Organizations and social movements seeking to act against human rights violations committed by transnational corporations. In the paper are discussed some of the tools that can hold companies and are available in the national and international levels, thus contributing to the systematization of knowledge and experience about the accountability of TNCs for violations human rights.
We do not claim to be exhaustive or to make a conclusive assessment on
and space instruments against transnational litigation. The idea of \u200b\u200bwriting
material came from the results and proposals from various workshops held by Terra de Direitos and
the Rosa Luxemburg Stiftung, in conjunction with other entities and instances of participation in international discussions, such as Permanent Tribunal of Peoples.
This paper aims to contribute to civil society organizations to assess
in specific cases, legal action may be taken against transnational corporations.
REFERENCE GUIDE
The issue of accountability of transnational corporations for violations of human rights, despite being relatively new, has a complex and comprehensive approach. Similarly, the challenges that exist to improve the instruments that allow legal actions against transnational validation depend on complex political context and the development of new national and international legal theory.
Thus, addressing national and international instruments and critically
the basis of experience, presupposes the development of complex material in terms of content
and simple in the way of exposure.
To account for this need the present work is essentially organized in two stages.
In the beginning, are presented general issues that can will fly a legal action against transnational
.
The topic
Transnational Corporations and Human Rights: conflicting interests, we analyze the relationship between transnational activities, its economic and human rights violations. Thus, in order to obtain the maximum profit is, by nature, as opposed to on the human rights. Thus, we emphasize that the solution would be the construction of a new form of production, or other socio-economic model. The topic
Legal Action and Transnational Corporations, made some considerations about the appropriateness of taking legal actions against corporations.
To problematize the limits of legal intervention, we invite the professor Alejandro Teitelbaum to express their opinion on the Sense of Litigation and the Limits of Litigation Against Transnational
.
Later in the topic on Subsidies for legal action, present
some indications of elements that are important to understand the assessment of potential legal interventions against transnational corporations. We present basic information necessary to create legal strategies against transnational.
In a second step, the material specifically covered national mechanisms and international
which may have legal action against transnational.
mechanisms are analyzed as follows: ATCA (USA) Business Law (UK), UN,
ILO, OECD, OAS, World Bank - World Bank Inspection Panel, Ombudsman, IDB, European Union.
In each of these mechanisms in a didactic, are the main aspects that should be taken into consideration to file legal actions. The following table indicates which information will be presented in each of the subthemes of the mechanisms.
Transnational Corporations and Human Rights: conflicting interests, we analyze the relationship between transnational activities, its economic and human rights violations. Thus, in order to obtain the maximum profit is, by nature, as opposed to on the human rights. Thus, we emphasize that the solution would be the construction of a new form of production, or other socio-economic model. The topic
Legal Action and Transnational Corporations, made some considerations about the appropriateness of taking legal actions against corporations.
To problematize the limits of legal intervention, we invite the professor Alejandro Teitelbaum to express their opinion on the Sense of Litigation and the Limits of Litigation Against Transnational
.
Later in the topic on Subsidies for legal action, present
some indications of elements that are important to understand the assessment of potential legal interventions against transnational corporations. We present basic information necessary to create legal strategies against transnational.
In a second step, the material specifically covered national mechanisms and international
which may have legal action against transnational.
mechanisms are analyzed as follows: ATCA (USA) Business Law (UK), UN,
ILO, OECD, OAS, World Bank - World Bank Inspection Panel, Ombudsman, IDB, European Union.
In each of these mechanisms in a didactic, are the main aspects that should be taken into consideration to file legal actions. The following table indicates which information will be presented in each of the subthemes of the mechanisms.
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