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Judicial remedy

In: Teaching Business and Human Rights

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  • Rachel Chambers

Abstract

Judicial mechanisms, in particular tort litigation, play a key role in the business and human rights field as the legal route to providing access to remedy when business-related human rights impacts occur. This chapter covers two major topics: (1) case law developments in different jurisdictions demonstrating the evolving prospects for plaintiffs in such cases and (2) the role and limitations of litigation in providing access to remedy for business-related human rights abuses. It goes on to examine key issues and debates before turning to teaching approaches, learning objectives, and questions to guide learning. While the focus is on tort litigation in home states, the chapter acknowledges the importance of judicial mechanisms in the host state and of mechanisms other than civil litigation, notably criminal prosecution.

Suggested Citation

  • Rachel Chambers, 2023. "Judicial remedy," Chapters, in: Anthony Ewing (ed.), Teaching Business and Human Rights, chapter 12, pages 160-176, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20941_12
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