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Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize

Liability for human rights violations.

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When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.

Tort liability of corporations. --- Liability for human rights violations. --- Liability for environmental damages. --- Complex litigation. --- Class actions (Civil procedure) --- International courts. --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Civil procedure --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Litigation, Complex --- Protracted litigation --- Court proceedings --- Pre-trial procedure --- Procedure (Law) --- Environmental damages, Liability for --- Environmental law --- Liability (Law) --- Torts --- Tort liability of nonprofit organizations --- Corporations --- Nonprofit organizations --- Liability for human rights violations

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This book addresses the ever more urgent question as to whether individuals, indigenous peoples or other vulnerable groups should be entitled to remedies under international law for violations of their human rights by transnational corporations. Using the tools of policy-oriented jurisprudence, the author analyzes, in great historical and cross-cultural detail, the various claims involved, including the status of corporations and their purpose and growth beyond borders in the era of globalization; countervailing demands for respect and rights of individuals and groups; the changing role of the nation-state in international law; movements for corporate social responsibility and corporate accountability; trends in decision both domestically and internationally; as well as voluntary codes. Her appraisal of past decisions and suggestions leads her to conclude that only binding international legal remedies against transnational corporations can fully address the legitimate claims of individuals or groups.

Human rights. --- International business enterprises --- Liability for human rights violations. --- Social responsibility of business. --- Business --- Corporate accountability --- Corporate responsibility --- Corporate social responsibility --- Corporations --- CSR (Corporate social responsibility) --- Industries --- Social responsibility, Corporate --- Social responsibility of industry --- Business ethics --- Issues management --- Liability (Law) --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Moral and ethical aspects. --- Social responsibility --- Social aspects --- Law and legislation