Article
Transnational Judicial and Non-Judicial Remedies for Corporate Human Rights Harms: Challenges of and for Law
Windsor Yearbook of Access to Justice
(2013)
Abstract
This paper will consider whether the polycentric governance approach of the 2011 United Nations Guiding Principles on Business and Human Rights has the potential to achieve the goal of transnational corporate compliance with human rights responsibilities including, importantly, the goal of access to remedy and justice for those who have been harmed. The paper was initially written as a contribution to a conference at the University of Windsor entitled Justice Beyond the State: Transnationalism and Law. First, the paper examines understandings of “citizenship” and “non-citizenship” in relation to transnational corporate [TNC] accountability in the human rights context. Two distinct perspectives are explored: first, TNC citizenship and non-citizenship and the rights and responsibilities that flow from these; and second, citizenship and non-citizenship of victims of human rights violations in relation to rights of access to remedy. Together, these insights inform an understanding of the role that transnational law and legal pluralism beyond the state could serve in facilitating remedy for human rights violations. Specifically, the paper will conclude with reflections on what might be required for implementation of the UN Guiding Principles to achieve the goal of transnational corporate compliance and access to remedy for victims of rights violations.
Disciplines
Publication Date
2013
Citation Information
Sara L. Seck. "Transnational Judicial and Non-Judicial Remedies for Corporate Human Rights Harms: Challenges of and for Law" Windsor Yearbook of Access to Justice Vol. 31 Iss. 1 (2013) p. 177 - 195 Available at: http://works.bepress.com/sara-seck/26/