Restoring access to effective remedy : a restorative justice framework to address human rights violations in context of multinational corporations acting in third countries

Abstract

Amidst the intricacy of private international law, victims of human rights violations, in context of transnational business operations, find several barriers when fulfilling their fundamental right to access effective remedy. Endorsed by the UNGPs, several alternative non-judicial mechanisms have come forward to provide alternative remedial paths which may tackle the inherant constrainsments posed by legal remedies. Some, are already known and applied to the field of practice (such as mediation, negotiation or arbitration). However, the UNGPs framework leaves space for interpretation, providing for other creative ways to come about. This paper assessess the potential of applying a Restorative Justice framework as an alternative remediate path for business-related victims of human rights violations to find redress. Fitting within the criteria established under the UNGP guidelines, known and applied in other human rights violations contexts, restorative practices, in the right instances, have the potential to be a better fit to address and remediate adverse human rights impacts to court procedures.