Human Rights and Business Flashcards
How are human rights protected in the business context?
World Trade Organization.
What is the resource curse?
Resource-rich counties are exploited and area at risk of the “race to the bottom” in terms of working conditions, standard of living, etc.
What is an example of human rights violations in the business context in developed countries?
Amazon warehouses and delivery drivers (peeing in bottles).
Why is the Universal Declaration of Human Rights not an effective tool?
It is not binding.
What is the problem with the European Convention on Human Rights as a tool for combatting business human rights violations?
Applies only to European Union Member States.
What is the problem with the International Criminal Court in dealing with business human rights violations?
Applies only to individuals.
What is the problem with international tort law in dealing with business human rights violations?
Does not apply to private actors.
What is the main mechanism by which human rights violations in the business context are addressed?
Domestic tort law.
What are some litigation obstacles to bringing business human rights cases?
- Fact-finding.
- Funding.
- Procedural (standing, forum, disclosure).
- Applicable law.
How does the United States of America deal with business human rights cases?
Alien Tort Statute – alien can bring tort claims.
What case revived the Alien Tort Statute?
Filartiga v Penarala – murder and torture in Paraguay.
What cases expanded the scope of the Alien Tort Statute to businesses?
Kiobel (Nigerian Shell subsidiary).
What is the challenge with bringing claims against subsidiary companies?
Piercing the corporate veil.
Lungowe v Vedanta
Assuming responsibility (control) is one indication that corporate veil can be pierced.
Okpabi et al v Shell
Factual delegation of management is one indication that corporate veil can be pierced.
