CEU Electronic Theses and Dissertations, 2024
| Author | Love, Yoshua R. |
|---|---|
| Title | The Impact of Time and Short-Termism on Canadian Corporate Liability Design |
| Summary | When communities and individuals are the victims of human rights abuses from transnational corporations (TNCs) operating in developing states, they often are unable to achieve vindication of their rights within their own state. There are efforts to ensure access to remedy for those facing violations of human rights in the TNC home state through tort law. Some have argued that the availability of tort claims paired with soft-law guidance will be enough to ensure that TNC conducts human rights due diligence (HRDD). This paper will argue against that, arguing that tort claims are unlikely to provide enough of a deterrence effect to ensure that TNCs follow HRDD and take steps to reduce the risk of human rights violations. To make this argument, this paper will look at the theory behind deterrence and examine how it interacts with time, short-termism, uncertainty and different liability regimes. It will then use these findings to examine Canada's existing corporate liability regimes and conclude that in order to increase compliance with human rights standards, an effective HRDD regime must be implemented, but that focus should also be aimed at reducing uncertainty and short-termism. |
| Supervisor | Tommaso Soave |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2024/love_yoshua.pdf |
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