Andrea Caligiuri

The Corporate Civil Liability in the Canadian Legal System

  • Abstract

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Keywords: corporations; human rights; customary international law; jus cogens; civil liability; direct remedy for breach of customary international law.

The paper aims to analyse the judgment of the Supreme Court of Canada in Nevsun case in which it offers a possible direct remedy for violations of fundamental human rights enshrined in customary international law by corporations. This decision is reflective of a new development in the growing wave of civil liability suits in many domestic jurisdictions of Western States to hold transnational corporations accountable for human rights violations and environmental damages.

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