Torture as Tort? Transnational Tort Litigation for Corporate-Related Human Rights Violations and the Human Right to a Remedy

Abstract

One area of particular concern to the more recent business and human rights debate is that of access to justice and effective remedies for third-country victims of corporate-related human rights violations. The article makes a contribution to this debate by reflecting, from a European perspective, on the relationship between victims’ attempt to vindicate their rights through transnational tort litigation and state obligations to redress corporate-related human rights violations. It argues that domestic courts adjudicating on transnational corporate human rights accountability must comply with the state’s international human rights obligations to ensure access to justice and effective civil remedies.