Multinational Human Rights Litigation from the Perspective of Business

Abstract

Rae Lindsay outlines categories of multinational human rights cases pursued in the Global North, arguing overall that litigation in distant overseas courts often serves victims poorly. She offers nuance to the popular narratives concerning multinational human rights litigation, highlighting some features that pose challenges for corporate defendants that differ in emphasis from other forms of litigation. She reviews the impact of the UNGP and their ‘legalisation’ through regulation, incorporation into contracts, and use in litigation. Observing that adversarial litigation models and practices engrained within longstanding State-based structures can operate inconsistently with the effective resolution of human-rights focused claims, she urges those representing both claimants and businesses to consider alternatives and ways to conduct litigation in a constructive and mutually respectful manner conducive to respect for human rights.