The Predicament of Judicial Relief for Human Rights Violations by Transnational Corporations: The Interaction between International Law and Domestic Law

Huiru Wang

Jump to Content

Chapter 5 The Predicament of Judicial Relief for Human Rights Violations by Transnational Corporations

The Interaction between International Law and Domestic Law

In: Chinese Yearbook of Human Rights, Volume 6 (2024)

Author:

Wang Huiru

Wang Huiru
Search for other papers by Wang Huiru in
Current site
Google Scholar
PubMed

Translator:

Wei Heng

Wei Heng
Search for other papers by Wei Heng in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 114–136

DOI:: https://doi.org/10.1163/9789004697362_006

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

Abstract

The judicial relief for human rights violations by transnational corporations is not only an important part of the United Nation’s business and human rights agenda, but also a major challenge to a proper accountability mechanism of transnational corporations. However, international human rights law implementation is state-centered, and judicial relief for human rights violations by transnational corporations often faces many legal and practical obstacles, including disputes of jurisdiction, corporate veils, insufficient legal resources, and procedural or evidential problems. In order to balance the ideal of international human rights law and national governance realities, and reduce as much as possible the above obstacles, efforts must be made to promote positive interactions between domestic law and international law. On the one hand, international law guides the development of domestic law, the formation of consensus on jurisdiction and corporate human rights responsibility, international judicial assistance and supervision by all sectors of society; on the other hand, the development and implementation of international law depends on the will and actions of sovereign states, so it is necessary to take into account the development level of domestic law. As far as China is concerned, to build a fairer, more reasonable and more effective judicial relief system, factors such as the relationship between state sovereignty and human rights, the relationship between human rights and development, and legal system improvement need to be considered.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004697362/BP000013.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

Chinese Yearbook of Human Rights, Volume 6 (2024)

Series: Chinese Yearbook of Human Rights, Volume: 6

E-Book ISBN:: 9789004697362

Publisher:: Brill | Nijhoff

Print Publication Date:: 17 Jul 2024

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
- International Law
  - Asian Law

Front Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	239	95	17
Full Text Views	12	5	1
PDF Views & Downloads	17	4	1

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 5 The Predicament of Judicial Relief for Human Rights Violations by Transnational Corporations

The Interaction between International Law and Domestic Law

Abstract

Citation Info

Share link with colleague or librarian

Chinese Yearbook of Human Rights, Volume 6 (2024)

Table of Contents

Metrics

Metrics