Corporate Accountability in the Context of Transitional Justice PDF
Preview Corporate Accountability in the Context of Transitional Justice
Corporate Accountability in the Context of Transitional Justice Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from confl ict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitionalj usticea ndc orporatea ccountability andin analyzing problems frequently arising where the two fi elds meet in practice: for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the fi rst sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice, corporate accountability, and business and human rights. Sabine Michalowski is Professor of L aw a t the University of Essex. Her research interests include the economic and social dimensions of transitional justice as well as corporate complicity. Her recent publications include articles on corporate complicity and on the link between sovereign debt and transitional justice. Transitional Justice Series Editor: Kieran McEvoy Queen’s University Belfast The study of justice in transition has emerged as one of the most diverse and intellectually exciting developments in the social sciences. From its origins in human rights activism and comparative political science, the fi eld is increas- ingly characterized by its geographic and disciplinary breadth. This series aims to publish the most innovative scholarship from a range of disciplines working on transitional justice related topics, including law, sociology, crimi- nology, psychology, anthropology, political science, development studies and international relations. Titles in this series: Transitional Justice, Judicial Accountability and the Rule of Law Hakeem O. Yusuf (2010) The Era of Transitional Justice: The Aftermath of the Truth and Reconciliation Commission in South Africa and Beyond Paul Gready (2010) The Dynamics of Transitional Justice Lia Kent (2012) Corporate Accountability in the Context of Transitional Justice Sabine Michalowski (2013) Identity, Reconciliation and Transitional Justice Nevin T. Aiken (2013) Forthcoming titles in the series: The Judiciary and the Politics of Transition: Saviours, Scoundrels, Scapegoats Marny Requa Truth, Denial and Transition: The Contested Past in Northern Ireland Cheryl Lawther Families of the Missing Simon Robins Gender Politics in Transitional Justice Catherine O’Rourke The Concept of the Civilian Claire Garbett Transitional Justice and the Arab Spring Edited by Kirsten Fisher and Robert Stewart Transitional Justice Theories Edited by Susanne Buckley Zistel, Teresa Koloma Beck, Christian Braun, Friederike Mieth This page intentionally left blank Corporate Accountability in the Context of Transitional Justice Edited by Sabine Michalowski I~ ~~o~;~~n~~~up a GlassHouse Book First published 2013 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Simultaneously published in the USA and Canada by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2013 Sabine Michalowski, selection and editorial material; individual chapters, the contributors The right of the editor to be identifi ed as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identifi cation and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Corporate accountability in the context of transitional justice / [edited by] Sabine Michalowski. pages cm. — (Transitional justice) 1. Transitional justice. 2. Human rights. 3. Political crimes and offenses. 4. Restorative justice. 5. Corporate governance—Law and legislation. 6. Social responsibility of business. I. Michalowski, Sabine. K5250.C67 2013 343.07—dc23 2013001783 ISBN: 978-0-415-52490-2 (hbk) ISBN: 978-0-203-33809-4 (ebk) Typeset in Garamond by Keystroke, Station Road, Codsall, Wolverhampton Contents Acknowledgments ix Contributors xi Introduction 1 SABINE MICHALOWSKI PART I Transitional Justice and Corporate Accountability: Exploring Current Trends and Potential Linkages 7 1 Linking Transitional Justice and Corporate Accountability 9 CLARA SANDOVAL WITH LEONARDO FILIPPINI AND ROBERTO VIDAL 2 Toward a Multi-Directional Approach to Corporate Accountability 27 YOUSEPH FARAH 3 Transnational Civil and Criminal Litigation 52 TARA L. VAN HO 4 Transitional Justice and the UN Guiding Principles on Business and Human Rights 73 GENEVIÈVE PAUL AND JUDITH SCHÖNSTEINER 5 Corporations and Redress in Transitional Justice Processes 93 CLARA SANDOVAL AND GILL SURFLEET viii Contents 6 Corporate Accountability, Reparations, and Distributive Justice in Post-Confl ict Societies 114 NELSON CAMILO SÁNCHEZ 7 A New Avenue Towards Corporate Accountability: The Optional Protocol to the Covenant on Economic, Social and Cultural Rights 131 SYLVAIN AUBRY PART II Linking Transitional Justice and Corporate Accountability: Examples and Case Studies 151 8 Lessons from the South African Experience 153 CHARLES P. ABRAHAMS 9 International Criminal Law and Transnational Businesses: Cases from Argentina and Colombia 174 WOLFGANG KALECK 10 Another Brick in the Uruguayan Transition: Financial Complicity 189 JUAN PABLO BOHOSLAVSKY 11 The Legal Framework for Private Investors in Kosovo: Implications for Environmental Protection in a Transitional Economy 208 DAVID M. ONG 12 Transitional States and the Flag of Convenience Fishing Industry 228 DARREN CALLEY Conclusion 247 SABINE MICHALOWSKI AND RUBEN CARRANZA Index 255 Acknowledgments This book is largely the product of two international seminars entitled “Linking Corporate Complicity and Transitional Justice,” which took place at the University of Essex, UK, in September 2010 and the University of Palermo, Argentina, in April 2011. The seminars and the book’s copyediting were funded by the British Academy under its UK-Latin American/Caribbean Link Scheme. I would like to thank all participants of the two seminars, quite a few of whom have also written chapters for this book, for their stimulating contributions to the discussions. In particular, I would like to thank Leonardo Filippini, who was my co-investigator in the British Academy-funded project and the co-organizer of the two seminars, and Clara Sandoval, without whose support neither the seminars nor the book would have been possible. All authors of this book deserve my gratitude for the patience with which they endured my editing. Morgan Stoffregen did a fantastic job copyediting this book. Many thanks also go to Diana Guarnizo for editing the footnotes and providing other assistance.
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