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from Part I - Rise of Transnational Corporations, Impact on Human Rights, And Victims’ Rights to Remedy
Published online by Cambridge University Press: 04 September 2020
The limitations of subject matter jurisdiction present significant barriers to victims seeking a remedy for business-related human rights violations. Even if courts can assert personal jurisdiction over a corporate defendant, the government of any particular country may not give its courts permission to hear and adjudicate the types of claims that arise from human rights or severe environmental torts. In order to bring a lawsuit, a person has to be able to have a legal claim. Sometimes these claims, which are called causes of action, come from the parliament, legislature, or other legislative body, which decides what sort of claim its citizenry can bring before court. In some systems, typically the common law system, courts can also recognize a claim based on the common law.
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