Can Arbitration become the Preferred Grievance Mechanism in Conflicts Related to Business and Human Rights?

32 Pages Posted: 29 Nov 2014 Last revised: 1 Apr 2015

Date Written: November 29, 2014

Abstract

International law demands that States provide victims of human rights violations with a right to remedy, also in the case of violations of human rights by legal entities. International law also provides some indications as to how State and non-State based dispute resolution mechanisms should be like, in order to fulfill the human rights standards as a right to remedy. Dispute resolution mechanisms of an initially commercial nature, such as arbitration or mediation, could become very useful grievance mechanisms to provide redress for victims of human rights abuses committed by multinational corporations.

Keywords: Arbitration, grievance mechanisms, multinational corporations, human rights

Suggested Citation

Zambrana-Tevar, Nicolas Alvaro, Can Arbitration become the Preferred Grievance Mechanism in Conflicts Related to Business and Human Rights? (November 29, 2014). Available at SSRN: https://ssrn.com/abstract=2531890 or http://dx.doi.org/10.2139/ssrn.2531890

Nicolas Alvaro Zambrana-Tevar (Contact Author)

KIMEP University ( email )

Almaty, Almaty
Kazakhstan

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