Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ATCA (2)
- Chevron (2)
- Corporate social responsibility (2)
- Kiobel (2)
- Transnational litigation (2)
-
- ATS (1)
- Alien Tort Claims Act (1)
- B.P. (1)
- Business (1)
- Corporate Social Responsibility; CSR; mass atrocities; mass torts; international arbitration; transnational litigation; access to justice; international courts and tribunals; Rule of law (1)
- Corruption (1)
- Ecuador (1)
- Environmental litigation (1)
- FDI (1)
- Foreign direct investment (1)
- Foreign judgment enforcement (1)
- Forum non conveniens (1)
- Human rights (1)
- Judgment enforcement (1)
- Mass torts (1)
- Prisoner's dilemma (1)
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Transnational Law
The Case For An International Court Of Civil Justice, Maya Steinitz
The Case For An International Court Of Civil Justice, Maya Steinitz
Books
When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. …
Transnational Litigation As A Prisoner's Dilemma, Maya Steinitz, Paul Gowder
Transnational Litigation As A Prisoner's Dilemma, Maya Steinitz, Paul Gowder
Faculty Scholarship
In this Article we use game theory to argue that perceptions of widespread corruption in the judicial processes in developing countries create ex ante incentives to act corruptly. It is rational (though not moral) to preemptively act corruptly when litigating in the courts of many developing nations. The upshot of this analysis is to highlight that, contrary to judicial narratives in individual cases — such as the (in)famous Chevron–Ecuador dispute used herein as an illustration — the problem of corruption in transnational litigation is structural and as such calls for structural solutions. The article offers one such solution: the establishment …
Back To Basics: Public Adjudication Of Corporate Atrocities Torts, Maya Steinitz
Back To Basics: Public Adjudication Of Corporate Atrocities Torts, Maya Steinitz
Faculty Scholarship
The editors of this online symposium invited me to contribute to the subject of an argument I have recently advanced. This argument is that the world needs a permanent International Court of Civil Justice (ICCJ) to adjudicate cross-border mass torts. A common reaction to this proposal has been to suggest that the function of such an international court be assumed by one of the existing arbitration institutions or filled by a new one. I’d like to take this opportunity to argue against that idea.
Corporate atrocities, which are the symposium’s focus, may be crimes, but they also have a tort …