This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

The contents of number 26 of the Forum International Series are related to procedural law. The first lecture has been written by Klaus Peter Berger. It deals with the new German Arbitration Act. He provides a brief account of the drafting history of the new law, highlights six important areas of international arbitration law and practice, and explains the solutions chosen by the German legislator. He treats, among other topics, arbitrability, arbitral interim relief and conflict of laws. An English translation of the German Arbitration Act can be found at the end of the text. The second lecture is written by Catherine Kessedjian and has as its topic the future Hague Convention on International Jurisdiction and Recognition and Enforcement. As deputy Secretary-General of the Hague Conference on Private International Law, Mrs. Kessedjian is heavily involved in the activities concerning this convention. The lecture discusses the need for such a convention and the structure such a convention could adapt (single, double or mixed). Furthermore, some grounds for jurisdiction, such as those for disputes relating to contracts and torts, the forum non conveniens and provisional measures, are discussed in more depth, as are the basic requirements for enforcement. At the end the question is raised as to which mechanism can be devised to create a forum in which questions of interpretation can be solved in an easy and quick manner and against low costs, and how uniform interpretation can be guaranteed.

Cyberspace, the electronic super-highway or the Internet, as it is most commonly known, is a globally-networked, computer-sustained, computer-accessed and computer-generated multidimensional virtual reality, the use of which is increasing at a tremendous rate. Although much has been written on the legal issues relating to this virtual reality, this book provides coverage of the private international aspects. The work aims to address two basic questions, namely, which court has jurisdiction and which law is to be applied when litigation arises from activity on the Internet? The book comprises seven key papers, presented at an international symposium organised by Utrecht University's Molengraaff Institute of Private Law and the Hague Conference on Private International Law, which was held in Utrecht in June 1997. The main topics covered include: the role of law in cyberspace; experiences in the field of intellectual property; can private international law provide order to the chaos?; problems concerning jurisdiction and applicable law; and conclusions and recommendations.