This work was developed given the need to spread the accumulation of knowledge and experience in the area of the responsibility of transnational businesses for human rights violations, while noting possible methods of intervention.
The guide aims to demonstrate some basic elements in the area of human rights, transnational corporations, and litigation. Its goal is to show paths which may be taken by organizations and social movements which seek to take action against human rights violations committed by transnationals.
Therefore, some of the instruments of corporate accountability at the national and international levels are analyzed, which contributes to the systematization of knowledge and experience about the corporate accountability for human rights violations.
This is not intended to be an exhaustive study of the subject or a conclusive evaluation of the instruments and spaces for litigation against transnationals. The idea of producing this material arose from the findings and proposals of various workshops held by Terra de Direitos and the Rosa Luxemburg Stiftung Institute, together with other entities, as well as from participation in international discussion groups, such as the Permanent Peoples’ Tribunal.
Thus, this work will help civil society organizations assess, in specific cases, legal actions against transnational corporations.
TABLE OF CONTENTS
* Transnational Corporations and Human Rights: Antagonistic Interests
* Legal Actions and Transnational Corporations
* The Purpose and Limits of Litigation Against Transnationals –by Alejandro Teitelbaum
* Support for Legal Actions
* Relationship between lawyers, social movements, and victims
* Information about the transnational
* Types of human rights violations and collective legal action
* Defining the goals of legal action
* Possibilities for carrying out and supporting legal action
* Analysis of the spaces, instruments, and forms of intervention
* National Mechanisms
Alien Tort Claims Act (ATCA) (United States)
Case 1: Wiwa v. Royal Dutch Petroleum Company and Shell Transport Ltda.
Case 2: Aguinda v. Texaco Inc. and Gabriel Ashanda Jota et al. v. Texaco Inc.
Companies Act (United Kingdom)
* International Mechanisms
United Nations (UN)
International Labor Organization (ILO)
Case 1: Sindiquímica-PR v. Fosfértil/Ultrafértil
Organization for Economic Cooperation and Development (OECD)
Case 1: Dongria Kondh Community v. Vedanta Alumina Ltda.
Case 2: Cave and Sipetrol v. Shell
European Union (European Economic and Social Committee)
Case 1: Marangopoulos Human Rights Foundation v. Public Energy Company
Organization of American States (OAS)
Case 1: Mayagna Awas Tingni v. Nicaragua
Mechanisms o The Financial Institutions
World Bank (International Development Association and World Bank for Reconstruction and Development)
Case 1: Parej Oriental Communities v. Coal India Ltda.
World Bank (International Finance Corporation and Multilateral Investment Guarantee Agency)
Case 1: Rondas Farmers Federation v. Minera Yanacocha S.A.
Case 2: Various groups v. André Maggi Participações Ltda.
Interamerican Development Bank (IADB)
Case 1: Movement of Dam Victims (MAB) v. Tractebel Energy S.A.
