Andrea Caligiuri

The Corporate Civil Liability in the Canadian Legal System

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Abstract

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.

Keywords

  • corporations
  • human rights
  • customary international law
  • jus cogens
  • civil liability
  • direct remedy for breach of customary international law

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