CiNii 図書 - Transitional justice, corporate accountability and socio-economic rights : lessons from Argentina

This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses. While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict as well as to contribute to a sustainable and positive peace. This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.

Book Abstract List of Abbreviations Acknowledgments Introduction PART I - TRANSITIONAL JUSTICE AND SOCIO-ECONOMIC RIGHTS Chapter 1 - Analysing the Transitional Justice paradigm Introduction Background and evolution of Transitional Justice Defining the Transitional Justice Paradigm Transitional Justice Processes and Mechanisms Truth Justice Reparations Institutional Reform Transitional Justice Theories Socio-political aspects of Transitional Justice Intermediate conclusions: A unique model of transitional justice? Chapter 2 - Socio-economic Rights in Transitional Justice Introduction Contextualising socio-economic rights in International law Labour rights as socio-economic rights: a particular focus on freedom of association at the workplace Labour rights as human rights Freedom of association at the workplace: the right to form and join trade unions and the right to collective bargain Traditional invisibility of socio-economic rights in transitional justice contexts Addressing socio-economic rights in transitional justice processes Truth and reconciliation commissions Judicial Processes Reparations policies Institutional reform Intermediate conclusions: the added value of addressing socio-economic rights in transitional justice PART II: CORPORATE ACCOUNTABILITY IN TRANSITIONAL JUSTICE Chapter 3 - Corporate legal accountability for human rights abuses Introduction Clarifying the notion of corporate complicity for human rights abuses Policy meaning and legal implications Categories of corporate complicity Direct corporate complicity Indirect complicity Silent complicity Corporate accountability under the existing legal regimes International and domestic criminal law Corporate criminal responsibility Accomplice liability under domestic criminal law Enforcement mechanisms and practical obstacles Civil law of remedies Elements of legal liability Causation and complicity Allocating liability within corporate groupsSpecial mention to the Alien Tort Statute Enforcement mechanisms and practical obstacles International human rights law Background and recent developments The UN Guiding Principles on Business and Human Rights Pillar I: the State's duty to protect Pillar II: the corporate responsibility to respect Pillar III: the right of access to remedy Enforcement mechanisms and practical obstacles Intermediate conclusions: the challenging task of holding corporations legally accountable for human rights abuses Chapter 4 - Linking corporate accountability and transitional justice Introduction Engaging corporations in peacebuilding strategies Challenges for the international framework of business and human rights in transitional justice Addressing corporate accountability and socio-economic rights in transitional justice Truth process Justice process Reparation process Institutional reform process Intermediate conclusions: The need to address corporate accountability in transitional justice PART III - A CASE STUDY: ARGENTINA Chapter 5 - Proceso de Reorganizacion Nacional: the dark ages of Argentinian history (1976-1983) Introduction International and national background Coup and establishment of military juntas Military juntas Economic policy and social repression Civilian involvement: a special focus on corporations and economic groups Workers as a target of repression The extended notion of 'subversion' Suppression of workers' rights and trade unions intervention Human rights violations Intermediate conclusions: business involvement in human rights violations Chapter 6 - Nunca Mas: The transitional justice process in Argentina Introduction Political stages of the transitional justice process in Argentina First period- new democratic governments and first accountability initiatives (1983-1989) Second period - amnesty and pardons (1989-2003) Third period - new accountability era (2003-2015) Current stage and challenges Transitional justice mechanisms and accountability for socio-economic rights Truth Argentina's truth commission: CONADEP Truth trials Justice Domestic trials Lawsuits in foreign courts Reparations Institutional Reform Corporate accountability and the transitional justice process in Argentina Intermediate conclusions: Argentina's transitional justice approach to corporate accountability and socio-economic rights Conclusions Bibliography Annex - List of interviews Index

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Transitional justice, corporate accountability and socio-economic rights : lessons from Argentina

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