Access to justice for business-related human rights abuses: trends and challenges in transnational civil litigation

This research investigates the evolving landscape of corporate accountability for human rights abuses through the lens of transnational civil litigation. It addresses the central question of whether, and to what extent, civil lawsuits brought in the home States of multinational companies for business-related human rights abuses occurred in third countries can serve as an effective tool for obtaining redress. Such cases typically concern harmful corporate practices carried out by local subsidiaries of foreign corporations, resulting in adverse impacts on the rights of employees, for example in cases of child labour or unsafe working conditions, as well as on the rights of local populations, as in instances of polluting activities that threaten health and livelihoods. Due to the difficulties in obtaining judicial remedies in the State where the abuses occurred, frequently due to weak governance and judicial systems, individuals and communities worldwide increasingly file legal actions before the courts of the States where the companies deemed responsible are registered. Before analysing case law across key jurisdictions where transnational human rights civil claims against multinational corporations have been brought, the thesis provides an overview of international and national frameworks governing business and human rights. The first chapter shows that international law requires States to take all necessary measures to protect human rights from adverse business impacts and to ensure access to remedies, particularly judicial ones, while companies have no direct international human rights duties. Yet, the 2011 adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) provided the first internationally recognized standards of corporate conduct: while not legally binding for States and not directly applicable to businesses, the UNGPs have inspired national legislative measures introducing corporate human rights due diligence obligations. The second chapter explores these initiatives, highlighting both positive developments and limitations, particularly regarding the extent to which victims’ right to access effective remedies is addressed. The third and central chapter examines the development of transnational human rights civil litigation by systematically comparing major cases in different countries. The research identifies recurring legal challenges, including establishing jurisdiction, determining applicable law, defining the legal basis for liability and attributing responsibility to parent companies for the acts of subsidiaries. The analysis shows that, in most cases, these legal issues lead to the dismissal of claims on substantive and procedural grounds, while several cases are resolved through out-of-court settlements that prevent courts from ruling on the merits. The concluding chapter synthesizes these findings and argues that, despite important judicial developments recognising parent companies’ potential liabilities for human rights harms caused by their subsidiaries, ensuring effective access to justice would require a number of national legislative reforms. It concludes by suggesting that States should consider implementing these reforms in the context of the increasing trend towards the adoption of national legislation on business and human rights, as such laws would not be fully consistent with States’ international obligations if they fail to address the legal challenges that victims currently face in obtaining judicial remedies through transnational civil litigation.