Civil litigation of transnational corporations : an examinations of the legal, procedural and political issues arising in transitional tort claims in the United States and England

Abstract

This research paper investigates and evaluates legal means of making transnational corporations (TNCs) accountable for human rights violations committed in the course of their activities in developing countries. It is based on the view that globalisation has been asymmetrically focused on developing the interests of big business for too long and that it is now necessary to balance this with the human rights of those who are affected by their operations in countries distant from TNC headquarters. It focuses on claims brought in the U.S. and England by the victims of these violations. Such legal actions attempt to target the parent companies for their role in directly perpetrating violations, or for their complicity in the perpetration of violations by other actors. They have are becoming more and more prevalent and the jurisprudence of the courts has been evolving in a way generally favourable to foreign victims. Much controversy has ensued from legal, economic and political circles. However, this paper seeks to demonstrate the value of these legal actions, focusing on the fact that it is highly realistic and practical to focus on extending already existing legal mechanisms to TNCs operating abroad. Looking at the U.S. and English examples, this paper will compare the mechanisms which have been used by victims and their lawyers, in order to ascertain the advantages and disadvantages of each.