The Case for an International Court of Civil Justice

Abstract

When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world’s legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how the ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation – more efficiently resolving the most complicated types of civil litigation.

Keywords: business, human rights, forum non conveniens, foreign judgment enforcement, Kiobel, mass torts, corporate social responsibility, transnational litigation, B.P., Chevron, FDI, Foreign direct investment, human rights, environmental litigation, ATS, ATCA