Access to Justice in the European Union For Corporate-Related Human Rights Violations: Jurisdictional Issues

37 Pages Posted: 30 Mar 2017

See all articles by Daniel Augenstein

Daniel Augenstein

Tilburg University

Nicola Jägers

Tilburg University - Faculty of Law

Date Written: March 29, 2017

Abstract

This paper is part of a broader research study on access to justice in the European Union for third-country victims of corporate-related human rights violations. It addresses the jurisdictional challenges that third-country victims of human rights violations committed by EU-based multi-national companies (MNCs) face in seeking redress in EU Member State courts. Section two analyses the role of international human rights law in private litigations for human rights violations by MNCs, with particular reference to the European Convention on Human Rights (ECHR). Section three compares the allocation of jurisdiction in transnational tort litigations against MNCs in the European Union (EU) and the United States. Section four offers an overview of EU Member State rules of jurisdiction governing third-state defendants in cases of corporate-related human rights violations.

Keywords: human rights, business, access to justice, European Union, transnational, multi-national corporation

Suggested Citation

Augenstein, Daniel and Jägers, Nicola, Access to Justice in the European Union For Corporate-Related Human Rights Violations: Jurisdictional Issues (March 29, 2017). Tilburg Law School Research Paper No. 07/2017, Available at SSRN: https://ssrn.com/abstract=2942674 or http://dx.doi.org/10.2139/ssrn.2942674

Daniel Augenstein (Contact Author)

Tilburg University ( email )

P.O. Box 90153
Tilburg, DC Noord-Brabant 5000 LE
Netherlands

Nicola Jägers

Tilburg University - Faculty of Law ( email )

Tilburg, 5000 LE
Netherlands

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