Access to Justice Under International Law: Claims Against Environmental Crimes of Transnational Corporations
Kavitha Chalakkal (2019), “Access to Justice under International Law: Claims against Environmental Crimes of Transnational Corporations”, ELCOP Yearbook of Human Rights, 2019 ISBN 9789843473721
16 Pages Posted: 14 Aug 2020
Date Written: October 14, 2019
The concept of access to justice (encompasses the principles of rule of law, administration of justice, good governance, and democratic ideals. The moral nature of access to justice under international and domestic legal systems has transformed into enforceable legal rights. Although constitutional and domestic legal recognition is a vital part of the chain, it could be noticed that it is International Law that has been driving this process through various international institutions. Trans-National Corporations (TNC’s) play a major role in the current world order and extend their sphere of influence to all aspects of social systems. The impact of the plethora of existing international legal — hard and soft — instruments, binding and non-binding, are far-reaching, and arguably, if implemented properly, they should lead to safeguarding such rights of access to justice. The process of ‘global institutionalization of human rights’ has made available a body of internationally accepted human rights norms and standards. Access to justice now emerges as an embodiment of these accepted rights. From the experiences, it could be noted that countries, especially, poor or developing ones, hosting TNC’s often might not have a comprehensive mechanism for regulating the companies, or their existing legal and enforcement systems might be corrupt or inefficient. This paper will analyse and examine select international instruments relating to TNC’s and their scope, effectiveness and limitations regarding access to justice in case of environmental crimes. The paper will also discuss relevant case studies to understand the practical solutions required for improved access to justice.
Keywords: access to justice, environmental crimes, international law, transnational corporations
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