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"International organizations (IOs) have become increasingly powerful. In recent decades, states have conferred more and more powers upon IOs in order to solve transnational problems and to provide global public goods. As a consequence of their increasing powers, IOs are affecting the lives of individuals across the globe - directly and indirectly. Throughout the 20th century, this internationalization was generally seen as a positive development, the "assumption [being] that international organisations are, necessarily, a good thing, an assumption which often takes the place of argument""--
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"When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation"--
Class actions (Civil procedure). --- Complex litigation. --- International courts. --- Liability for environmental damages. --- Liability for human rights violations. --- Tort liability of corporations. --- Liability for human rights violations --- Class actions (Civil procedure) --- International courts --- Sociétés --- Responsabilité pour violation des droits de l'homme --- Responsabilité pour dommages à l'environnement --- Instances complexes --- Recours collectifs (Procédure civile) --- Tribunaux internationaux --- Responsabilité civile
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The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society.
Liability for human rights violations. --- Tort liability of corporations. --- Responsabilité pour violation des droits de l'homme --- Sociétés --- International business enterprises --- Entreprises multinationales --- Responsabilité civile --- Law and legislation --- Droit --- Violation des droits de l'homme --- Personnes morales --- Responsabilité --- Violation des droits de l'homme. --- Responsabilité
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"There has been much debate in recent years about the role of non-state actors in international law. Whereas their presence is undisputedly acknowledged, their status and legal accountability remains unsettled. In many areas of public international law, harm is now significantly often caused by actors other than states.1 Terrorist groups threaten the territorial integrity of states; private security companies are involved in armed conflicts; individual hackers initiate cyber-attacks; and multinational corporations cause transboundary environmental harm or business-related human rights violations. Nonetheless, international treaties and customary international law still assign rights and duties almost exclusively to states. Outside of international criminal law, there are but few attempts to establish individual responsibility. On the other hand, state responsibility only arises if an international obligation is breached and that breach is attributable to a state whereas only the actions of state organs acting in their official capacity may implicate state responsibility and the conduct of private individuals usually does not. Such conduct may be attributed if private citizens act as so-called de facto organs or a state acknowledges their behavior as its own - which occurs rather rarely. The nature of state responsibility is inherently restorative with the primary objective to maintain or restore an equilibrium between equal and sovereign states"--
International law and human rights. --- Liability for human rights violations. --- International law and human rights --- Droit international et droits de l'homme --- Liability for human rights violations --- Responsabilité pour violation des droits de l'homme --- Droits de l'homme (droit international) --- Violation des droits de l'homme --- Responsabilité. --- Responsabilité.
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Mega-sporting events (MSEs), like the FIFA World Cup or the Olympic and Paralympic Games, are prestigious international events that attract attention in every part of the world. In the last two decades, it became increasingly clear that such events can lead to adverse human rights implications. Notable examples include cases of forced evictions of local communities, violent repressions of protests around MSE venues, and the exploitation of both migrant and non-migrant workers on event-related construction sites. This book discusses how delivering an MSE can impact a whole range of human rights, highlighting the challenges in dealing with cases of MSE-related human rights abuses and establishing legal responsibility. More specifically, it analyses the shortcomings of international human rights law and international law of responsibility in dealing with the complex governance system of MSEs, which is based on the involvement of a mix of national, international, private and public actors and blurs the lines of responsibility and accountability. As a result, the identification of responsible actors, the establishment of their responsibility, and the access to remedies for those affected are significantly complicated. To address these challenges, this book proposes a shared responsibility approach to the cases at hand, suggesting that actors involved in MSE delivery would share legal responsibility to the extent that they made a relevant contribution to an outcome that presents a human rights violation, and explores how this approach can work in theory and practice.
Human rights. --- Hosting of sporting events --- Liability (Law) --- Social aspects. --- Droits de l'homme (Droit international) --- Accueil d'événements sportifs --- Liability for human rights violations --- Responsabilité pour violation des droits de l'homme --- Aspect social --- International law --- Human rights --- mensenrechten --- verantwoordelijkheid --- aansprakelijkheid (recht)
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Armed groups have played a predominant role in the violations of international humanitarian law and international human rights law committed in conflict settings. The increase in the number of non-international armed conflicts during the past decades has emphasised the need to address the multiple legal challenges posed by the actions of armed groups. In particular, there is considerable uncertainty regarding the framework of responsibility for armed groups in international law. While much has been written regarding their international (primary) obligations, the possibility of developing a responsibility framework for armed groups under international law has been underexplored. Consequently, the aim of this book is to examine how the principles of international responsibility could be developed and adjusted to account for armed groups as collective entities.This general aim has been divided into three specific objectives. First, the book analyses the concept of responsibility in international law and assesses the legal and practical reasons in favour of developing such a regime for armed groups. Second, it examines the viability of establishing a responsibility regime for armed groups based on rules of attribution. Third, it explores the possible legal consequences of responsibility applicable to armed groups, with a particular focus on the obligation to provide reparations to victims. In doing so, this book will argue that certain non-traditional sources of international law could be used to interpret and adapt international law to the current conditions of contemporary armed conflict.
Law of armed conflicts. Humanitarian law --- Human rights --- Militia --- Insurgency --- International law. --- Humanitarian law. --- Human rights. --- Law and legislation. --- Non-state actors (International relations) --- Acteurs non étatiques (Relations internationales) --- Liability for human rights violations. --- Responsabilité pour violation des droits de l'homme --- Government liability (International law) --- Etat --- Intervention (International law) --- Intervention (Droit international) --- War (International law) --- Guerre (Droit international) --- Militia movements --- Milices --- Responsabilité (Droit international) --- Law and legislation --- Droit
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