Full Description
Corporate malfeasance is omnipresent in conflict and repression situations around the world, but efforts for corporate accountability by transitional mechanisms have been dispersed, meagre and unsuccessful. This book analyses the legal rationale behind integrating corporate accountability within the unique context of transitional justice, tracing these issues across international and national legal regimes. It offers a systematic inquiry into the precise legal possibilities and operational limits of access to remedy for victims of corporate abuses in transitions, and the corresponding obligations of states as designers of transitional measures. Providing a systematic and consolidated legal account of the convergence of corporate accountability and transitional justice, the book sketches a new imaginary of transitional justice, rooted in transformative approaches. It will be a valuable resource for academics andjudicial and institutional actors, as well as victims and practitioners in the field of transitional justice and post-conflict reconstruction.
Contents
Part I. Corporate Accountability and Transitional Justice: Untying the Gordian knot: 1. Of absences and invisibilities; 2. Challenging the invisible - who, how and why; Part II. Criminal Justice Mechanisms: 3. Deciphering the state duty to prosecute and punish corporate entities and its contours in international law; 4. Operational insights: balancing national and international elements; Part III. Reparation Mechanisms: 5. Calling corporations to repair: insights from international law; 6. Assessing diverse national experiences; Part IV. Truth Mechanisms: 7. The content of truth: insights from international law; 8. Truth as the first bridge to cross: synergies among transitional mechanisms; By way of conclusion: towards transformative political economies of transitional justice; Bibliography; Index.
