Book contents
- Seeking Justice
- Globalization and Human Rights
- Seeking Justice
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface and Acknowledgments
- Abbreviations
- 1 Human Rights in the Corporate Context
- 2 Varieties of Remedy
- 3 The Corporations and Human Rights Database
- 4 How Contestation Shapes Access to Judicial Remedy Mechanisms
- 5 How Contestation Shapes Access to Non-Judicial Remedy Mechanisms
- 6 Does It Work?
- 7 Conclusion
- Appendices
- References
- Index
- Books in the Series
4 - How Contestation Shapes Access to Judicial Remedy Mechanisms
Published online by Cambridge University Press: 09 June 2023
- Seeking Justice
- Globalization and Human Rights
- Seeking Justice
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Preface and Acknowledgments
- Abbreviations
- 1 Human Rights in the Corporate Context
- 2 Varieties of Remedy
- 3 The Corporations and Human Rights Database
- 4 How Contestation Shapes Access to Judicial Remedy Mechanisms
- 5 How Contestation Shapes Access to Non-Judicial Remedy Mechanisms
- 6 Does It Work?
- 7 Conclusion
- Appendices
- References
- Index
- Books in the Series
Summary
Chapter 4 provides the first empirical assessment of the pathways developed earlier in the book. It focuses on access to judicial remedy mechanisms, defined as any process initiated in the court of law. This chapter asks: how does confrontation shape governance outcomes in terms of access to legal remedy efforts? I draw from political science and legal scholarship on the logic of deterrence to illustrate how Institutional Strength represents an important pathway to judicial remedy mechanisms. The Corporate Characteristics pathway is developed by engaging with political economy and management scholarship to explain the ways in which firm-level characteristics (e.g. foreignness, profitability, and size) explain variation in access to judicial remedy. Finally, the Elevating Voices pathway draws from the human rights scholarship, which illustrates how civil society participation (e.g. NGO or INGO involvement) can shape governance outcomes. Using case studies from the CHRD, this chapter also provides rich illustrations of victims’ access to judicial remedy mechanisms.
Keywords
- Type
- Chapter
- Information
- Seeking JusticeAccess to Remedy for Corporate Human Rights Abuse, pp. 68 - 109Publisher: Cambridge University PressPrint publication year: 2023