Transnational Human Rights Litigation: A Means of Obtaining Effective Remedy Abroad?

Lindt, Angela (2020). Transnational Human Rights Litigation: A Means of Obtaining Effective Remedy Abroad? Journal of Legal Anthropology, 4(2), pp. 57-77. Berghahn 10.3167/jla.2020.040204

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In recent years, various transnational corporations (TNCs) have faced legal proceedings in their home states for human rights violations and environmental damage committed abroad. These transnational lawsuits are an attempt to overcome corporate impunity and establish transnational chains of responsibility. At the same time, the individual legal cases are marked by procedural and legal hurdles and may entail the risk of social costs for claimants. In this article, I explore what such transnational lawsuits can contribute from the perspective of social movements in the Global South. Taking the Monterrico case from Peru as an example, I discuss the expectations of human rights lawyers in such cases and the relevant legal mechanisms. By focusing on out-of-court settlements, I argue that, from the perspective of the Global South actors involved in the case study, adjudication and the related judicial practices are fundamental to making the law effective.

Item Type:

Journal Article (Original Article)

Division/Institute:

06 Faculty of Humanities > Other Institutions > Walter Benjamin Kolleg (WBKolleg)
06 Faculty of Humanities > Department of Art and Cultural Studies > Institute of Social Anthropology

Graduate School:

Graduate School of the Arts (GSA)

UniBE Contributor:

Lindt, Angela

Subjects:

300 Social sciences, sociology & anthropology

ISSN:

1758-9584

Publisher:

Berghahn

Language:

English

Submitter:

Angela Tina Lindt

Date Deposited:

11 Feb 2021 17:09

Last Modified:

11 Feb 2021 17:18

Publisher DOI:

10.3167/jla.2020.040204

BORIS DOI:

10.48350/151180

URI:

https://boris.unibe.ch/id/eprint/151180

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