Tort Law and Human Rights: Brothers in Arms On the Role of Tort Law in the Area of Business and Human Rights

Abstract

Over the past decades, transnational corporations (TNCs) have come under increasing public scrutiny for their involvement in human rights violations, particularly in developing countries. One may think of child and slave labour in the supply chain, cooperation with violent or corrupt regimes, and grand scale environmental pollution. Legal protection for victims of human rights violations against TNCs is poor. Public international law protects the freedom of trade but does not regulate the way companies use this freedom. Moreover, it is disputed whether international human rights law can impose obligations on companies. This has triggered the question what role national tort laws can play to fill this protection gap. This article first paints the factual background and the lack of international rules protecting victims of human rights violations (Section I). Section II lists the practical and legal problems victims face if they want to hold a TNC to account (such as fact-finding, forum, and applicable law). Section III provides an overview of tort law claims filed against TNCs in the United States and Europe. Finally, Section IV analyses the standard of care in tort law for a TNC to prevent its involvement in human rights violations, particularly through its subsidiaries and suppliers.