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