Liability for the Violation of Human Rights and Labour Standards in Global Supply Chains: A Common Law Perspective

10(2) Journal of European Tort Law 1-22 (Forthcoming)

University of Edinburgh School of Law Research Paper No. 2019/22

22 Pages Posted: 18 Jul 2019 Last revised: 21 Jul 2019

See all articles by David Cabrelli

David Cabrelli

University of Edinburgh - School of Law

Date Written: July 18, 2019

Abstract

Where there have been violations of labour standards or human rights by organisations operating overseas, but such entities are either owned or controlled by a transnational corporation (‘TNC’) based in a Common Law system such as England and Wales, the current position in company, tort, contract and private international law is that the right of injured overseas workers (of those overseas entities) or citizens to recover the losses they have suffered from TNC is negligible to zero. This is startling in light of policies underpinning product liability and private laws. The question is whether modifications of existing private and company law doctrines could facilitate a change in the position whereby transnational corporations are held liable. Other possibilities for addressing the TNC accountability gap are also discussed.

Keywords: Labour Law, Tort Law, Employment Law - Corporate Groups, Labour Standards, Human Rights, Global Supply Chains, Contract Law, Corporate Law, Corporate Criminal Liability, Modern Slavery, Supply Chain Management

Suggested Citation

Cabrelli, David Louis, Liability for the Violation of Human Rights and Labour Standards in Global Supply Chains: A Common Law Perspective (July 18, 2019). 10(2) Journal of European Tort Law 1-22 (Forthcoming); University of Edinburgh School of Law Research Paper No. 2019/22. Available at SSRN: https://ssrn.com/abstract=3422180 or http://dx.doi.org/10.2139/ssrn.3422180

David Louis Cabrelli (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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