The Final Breaths of the Alien Tort Statute. April 19, 2013 Authors: Philip Berkowitz, Michael Congiu, John Kloosterman, Eric Savage, and Morgan Matson.
Cdn.ca9.uscourts.gov/datastore/opinions/2009/07/10/08-55706.pdf. Clothiers fold on sweatshop lawsuit / Saipan workers to get millions; Levi holds out. Ending a three-year legal battle, 26 of America's biggest clothing retailers have settled a class-action lawsuit over alleged sweatshop abuses on Saipan, a U.S. island in the western Pacific.
In the agreement, announced Thursday, San Francisco's Gap Inc., six other U. S. firms and 23 local manufacturers on Saipan joined 19 retailers that had previously agreed to a settlement. The deal creates a $20 million fund to pay back wages to workers and create a monitoring system to prevent labor abuses. Levi Strauss & Co., a $4 billion company that sells jeans, khakis and casual separates under the Levi and Dockers brands, refused to settle and will continue to fight the lawsuit. "This is a significant victory because it pushes the envelope on how far workers and consumers can press retailers to be responsible for the conditions under which our clothes are made," said Nikki Bas, co-director of Sweatshop Watch.
The deal's provisions include: Aboutir. McDonald's can be named a 'joint employer' NEW YORK — McDonald’s says it has been notified by a labor regulator that it can be named a “joint employer” for workers in its franchisee-owned restaurants.
The decision by the National Labor Relations Board was being closely watched because it could potentially expose McDonald’s to liability for the working conditions and practices in its franchisees’ stores. It also puts pressure on the world’s biggest hamburger chain at a time when protests for higher wages in the fast-food industry have captured national attention.
McDonald’s and other fast-food companies have repeatedly said they are not responsible for determining wages and other terms at their franchised locations. In the U.S., the vast majority of McDonald’s more than 14,000 restaurants are owned and operated by franchisees. The same is true for many other companies, including Burger King Worldwide Inc. and Yum Brands, which owns KFC, Taco Bell and Pizza Hut. v02/v02_burch.pdf. Brooke Deines.pdf. Lawecommons.luc.edu/cgi/viewcontent.cgi?article=1292&context=luclj&sei-redir=1&referer=http%3A%2F%2Fscholar.google.nl%2Fscholar%3Fq%3Djoint-employer%2Bretailer%26hl%3Den%26as_sdt%3D0%26as_vis%3D1%26oi%3Dscholart%26sa%3DX%26ei%3DkmT0U56mGqLXyQPHt4GICg%26ve. Clothiers fold on sweatshop lawsuit / Saipan workers to get millions; Levi holds out. Crimes en Birmanie : TOTAL 1 - Justice 0.
La multinationale pétrolière TOTAL est actuellement prise dans les tourments judiciaires avec le procès de l’Erika et la mise en examen de son PDG pour une affaire de corruption dans l’obtention en 1997 d’un marché gazier en Iran.
Mais le 28 mars dernier, elle échappait une nouvelle fois à la poursuite de son procès devant les juridictions belges pour complicité de crimes contre l’humanité en Birmanie. En effet, la Cour de cassation a définitivement dessaisi la justice belge de la plainte de quatre Birmans qui accusent la multinationale de complicité pour des crimes perpétrés par la junte militaire birmane entre 1995 et 1998. 17. BV Final.pdf. The Treatment of Non-EU Nationals before Domestic Courts of Member States. Patricia Shine* *Senior Lecturer at Lancashire Law School, University of Central Lancashire, and a qualified Solicitor formerly associated with Allen & Overy LLP (London) and Eversheds LLP (Manchester) (email: firstname.lastname@example.org).
This paper was completed on 23 March 2010. Websites referenced were last accessed on the date that the article was completed. Abstract There is some uncertainty in private international law at the present time as to the correct law to be applied to decide jurisdictional disputes involving nationals of non-EU Member States who come before the domestic courts of a Member State.
Supreme Court Limits U.S. State Court Jurisdiction over Foreign Companies. If part of a global business empire committed illegal acts involving foreigners in a foreign country, but also owns a subsidiary in America, those foreigners cannot sue here for those illegal acts.
It would violate the Due Process Clause of the Constitution’s Fourteenth Amendment for any state courts here in the U.S. to claim jurisdiction over the foreign company. The case is Daimler AG v. 31_25QLR751(2006-2007).pdf. Right to remedy under international law. Nicolás Zambrana-Tévar 3Denunciation or even attempts at preventing HRs abuses by businesses and speciallymultinationals may not be enough.
A strong court and, more generally, an efficientdispute resolution system is also needed to achieve appropriate retribution,compensation for victims and, ultimately, the decrease of those abuses.This paper also deals with the characteristics that non-State based non-judicialmechanisms must have in order to fulfil the standards set by the Guiding principles.These principles do not mention arbitration specifically, in the same way that they domention mediation, but they seem to be thinking of these two Alternative DisputeResolution mechanisms in several places, as when they state that “ State-based judicialand non-judicial grievance mechanisms should form the foundation of a wider system of remedy. Within such a system, operational-level grievance mechanisms can provideearly-stage recourse and resolution. Alien Tort Claims Act: Holding Corporations Accountable for Human Rights Violations in the Global Economy.
Human Rights Dialogue Spring 2003 Carnegie Council on Ethics and International Affairs By Terry Collingsworth, International Labor Rights Fund Since its inception in 1986, the International Labor Rights Fund (ILRF) has been working to develop mechanisms to secure labor rights in the global economy.
Since “labor rights” are a subset of human rights, the ILRF initially used traditional human rights tools, such as documenting severe and extremely abusive practices including child labor, forced labor and violence against trade union leaders, and by promoting research and policy advocacy. Because multinational corporations have played a crucial role in shaping the architecture of the global economy, and because they alone have the capacity to reshape it and alleviate its most abusive practices, much of the ILRF’s efforts have focused on holding them to account for their actions.
We view litigation as a piece that had long been missing from prior campaigns. The Key Human Rights Challenge: Developing Enforcement Mechanisms. By Terry Collingsworth Harvard Human Rights Journal, Spring 2002, p.183 The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury ....
It is a general and indisputable rule, that where there is a legal right, there is also a legal remedy by suit or action at law whenever that right is invaded .... The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right. If there is any consolation to the failure to reach a breakthrough agreement at the United Nations World Conference Against Racism in Durban, South Africa, it is that any new standard would have joined a stack of well-intentioned human rights conventions and resolutions that remain basically unenforceable.
9780199674381_prelim.pdf. Right to Remedy_Extrajudicial Complaint Mechanisms_2013_1.pdf. Www.isecoeco.org/conferences/isee2012/pdf/p751.pdf. Responsabilité des achats : un avant et un après Rana Plaza pour les entreprises françaises, Le Cercle. Accueil Pour le secteur textile français, et plus largement les transnationales opérant dans l'hexagone, il y aura à coup sûr un avant et un après Rana Plaza.
Jusque-là prétendument limité au risque réputation - et donc perçu comme intangible -, le non-respect des normes internationales dans la chaîne d'approvisionnement peut désormais donner lieu à des risques significatifs pour les entreprises...(...) Www.blg.com/en/NewsAndPublications/Documents/publication993_EN.pdf. Www.tresor.economie.gouv.fr/File/398811. UN Human Rights Council: Weak Stance on Business Standards. (Geneva) - The UN Human Rights Council squandered an opportunity to take meaningful action to curtail business-related human rights abuses, Human Rights Watch said today. The council, on June 16, 2011, endorsed a set of "Guiding Principles on Business and Human Rights" and announced the formation of a working group and an annual meeting of business, government, and civil society representatives focused on disseminating and discussing those principles.
The principles are the final outcome of the tenure of John Ruggie, a Harvard professor who has been the UN's special representative on business and human rights since 2005. The council failed to put in place a mechanism to ensure that the basic steps to protect human rights set forth in the Guiding Principles are put into practice, Human Rights Watch said. The Spotlight and the Bottom Line: How Multinationals Export Human Rights. In 1996 Kathie Lee Gifford made front-page news. The well-liked television personality had lent her name to a discount line of women's clothing that, it was discovered, had been made by underage Central American workers. That same year, the Walt Disney Company was exposed contracting with Haitian suppliers who paid their workers less than Haiti's minimum wage of $2.40 a day.
Nike and Reebok, makers of perhaps the world's most popular athletic footwear, were similarly and repeatedly exposed. Sweatshop Company Accountability. In Egypt, there is a town on the Nile delta that boasts zero unemployment. Everyone is involved with woodworking making specialty furniture that is a copy of 19th century carved furniture catering to a high end market in Europe. These people who are involved in intricate carving are paid low wages; far lower that counterparts in Europe would be paid for exactly the same kind of work. Instead, wood is shipped in, processed and manufactured into furniture. The demand is so high, that the region cannot produce it fast enough. Though not a sweatshop by the standards found in China, India, Asian Minor and Mexico, nonetheless, work standards are poor. N'est pas accessible. C'est une des affaires les plus révoltantes qu'on puisse trouver dans l'actualité, qui en est pourtant prodigue.
Un an après la catastrophe du Rana Plaza au Bangladesh, où plus d'un millier d'ouvriers et d'ouvrières du textile ont été tués, broyés par l'effondrement de leur immeuble, l'indemnisation des survivants et des familles traîne en longueur ou bien se limite à des montants dérisoires. 08-55706.pdf. DOE II II III IV VI III VII VIII IX XI IV 8530 CA 90622 v. WAL MART STORES INC - FindLaw. Jane DOE I; Jane Doe II; John Doe I; John Doe II individually and on behalf of Wal-Mart workers in Shenzhen China; Jane Doe III; Jane Doe IV, individually and on behalf of Wal-Mart workers in Dhaka, Bangladesh; Jane Doe V; Jane Doe VI; John Doe III, individually and on behalf of Wal-Mart workers in Bogor, Indonesia; Jane Doe VII; Jane Doe VIII individually and on behalf of Wal-Mart workers in Mastaphia Swaziland; Jane Doe IX; Jane Doe X; Jane Doe XI; John Doe IV, individually and on behalf of Wal-Mart workers in Managua and Sebaco, Nicaragua; Kristine Dall; Bruce Reeves; Christine Kaposy; Sharlotte Villacorta, individually and on behalf of similarly situated California workers, c/o 8530 Stanton Avenue, Buena Park, CA 90622, Plaintiffs-Appellants, v.
WAL-MART STORES, INC., Defendant-Appellee. No. 08-55706. Decided: July 10, 2009 Before BETTY B. FLETCHER, RAYMOND C. In 1992, Wal-Mart developed a code of conduct for its suppliers, entitled “Standards for Suppliers” (“Standards”). Does_v_gap.pdf. JOHN ROE I v. BRIDGESTONE CORP. Rana Plaza : l'étoffe des salauds - 24 avril 2014. Publication993_EN.pdf. Sweatshop Company Accountability. AK_Daenzer_2011.pdf. 4097. Zsx00413001491.PDF. Responsabilité des achats : un avant et un après Rana Plaza pour les entreprises françaises, Le Cercle. Responsabilité des achats : un avant et un après Rana Plaza pour les entreprises françaises, Le Cercle.
Www.isecoeco.org/conferences/isee2012/pdf/p751.pdf. Www.ahrlj.up.ac.za/images/ahrlj/2014/Chapter Thabane_2014.pdf. Www.ohchr.org/Documents/Issues/Business/DomesticLawRemedies/StudyDomesticeLawRemedies.pdf. Human Rights Obligations of Business: Beyond the Corporate Responsibility to. Right to remedy under international law. Corporations and Transnational Human Rights Litigation - Sarah Joseph. Www2.law.ox.ac.uk/opbp/Oxford-Pro-Bono-Publico-submission-to-Ruggie-3-Nov-2008.pdf. Www.academicjournals.org/article/article1379862240_Prihandono.pdf. Www.icrc.org/eng/assets/files/other/irrc_863_mongelard.pdf. Digilib.gmu.edu:8080/xmlui/bitstream/handle/1920/8677/MooreP_thesis_2013.pdf?sequence=1. Lawcommission.justice.gov.uk/docs/cp187_Administrative_Redress_Consultation.pdf. Www2.law.ox.ac.uk/opbp/Oxford-Pro-Bono-Publico-submission-to-Ruggie-3-Nov-2008.pdf. Corporate Human Rights Violations and Private International Law – The Hinge Function and Conductivity of PIL in Implementing Human Rights in Civil Proceedings in Europe: A Facilitating Role for PIL or PIL as a Complicating Factor? by Veerle Van Den Eeckho.
In this article the author explores the role private international law (‘PIL’) could play in addressing human rights violations committed by a multinational company operating outside Europe − possibly in a conflict zone − in a civil action in Europe. The article examines the feasibility of civil recourse in a European country seen from the perspective of PIL. Is PIL functioning as a neutral hinge – identifying the competent court(s) and the applicable law in a neutral way − or does PIL lend itself rather to function as a tool, either serving the economic concerns of multinational companies, or the aims of plaintiffs who wish to hold companies accountable?
To answer this question, the author analyzes PIL rules and PIL techniques in a technical-legal way and evaluates them with a critical eye. The area of PIL rules to be studied is − mainly – the area of torts, with special attention for issues of negligence, omission, duty of care and complicity. Lawcommission.justice.gov.uk/docs/cp187_Administrative_Redress_Consultation.pdf. Corporate Accountability in the Context of Transitional Justice. Samples.sainsburysebooks.co.uk/9781317577492_sample_625109.pdf. Www.leighday.co.uk/LeighDay/media/LeighDay/documents/Anglo - silicosis/Tort-litigation-against-multinational-corporations-by-Richard-Meeran.pdf. Corporate Manslaughter and Regulatory Reform - 9781137296276.0009.pdf. CSR. (Crime) Victims’ Compensation: The Emergence of Convergence. The PDF file you selected should load here if your Web browser has a PDF reader plug-in installed (for example, a recent version of Adobe Acrobat Reader).
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