The quest for effective remedies in the home states of transnational corporations: legal realism versus legal reality

This paper examines the availability of effective legal remedies in the home state of a transnational corporation that has violated the rights of local communities in a developing country. In this regard, three fundamental obstacles in the quest for justice are identified. First, courts may dismiss claims for lack of jurisdiction. Second, finding liability on the part of the subsidiary of the transnational corporation so as to award compensation can suffer from flaws in the regulatory framework of the host state, which generally constitutes the applicable law. Third, the principle of the corporate veil provides the opportunity to parent companies to escape liability. Given the unjust consequences of this state of affairs, this paper identifies opportunities to redress the current lack of effective legal remedies in the home state of transnational corporations.

ISBN:9789004280243

Jaar van publicatie:2015

Toegankelijkheid:Closed