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Overcoming the Corporate Veil Challenge: Could Investment Law Inspire the Proposed Business and Human Rights Treaty?

Yilmaz Vastardis, A and Chambers, R (2017) 'Overcoming the Corporate Veil Challenge: Could Investment Law Inspire the Proposed Business and Human Rights Treaty?' International and Comparative Law Quarterly. ISSN 0020-5893

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Abstract

This article proposes a model of treaty-based veil piercing for civil liability claims by victims of human rights harm inflicted by businesses. The primary inspiration for this model comes from investment treaty provisions dealing with corporate investors. Our examination of investment law for this purpose exposes the double standard in the treatment of the corporate veil between these two remedy regimes,andoffersawaytoaddressthis.Thetestweproposeforliftingthe veil in order to allow victims to claim against the parent company in a corporate group is one of ‘legal control’. It aims to capture cases where the parent did not necessarily take an active role in the subsidiary’s business, but it is still treated as being in control of it by virtue of its direct or indirect ownership or ability to appoint management.

Item Type: Article
Uncontrolled Keywords: access to remedy, business and human rights, civil liability, control, corporate veil, human rights, investment treaty
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 22 Nov 2017 19:28
Last Modified: 08 Mar 2018 17:15
URI: http://repository.essex.ac.uk/id/eprint/20683

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