The Case for an International Court of Civil Justice
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. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.
- Addresses a global audience of scholars, students, lawyers, and general educated readership
- Readers will learn about the history of the problem and this possible solution through easy-to-understand stories set in India, Ecuador and Nigeria
- Provides highly sophisticated legal analysis of global access to justice deficit in transnational mass tort cases as well as detailed, workable plans for the new international court
Reviews & endorsements
'At a time when the wind blows against international courts and tribunals and states seem to have turned their back to the idea of international justice, Steinitz gets us back on track and boldly charts the way forward. This brilliant, visionary book makes a compelling case for a missing key component of an ideal international judicial system.' Cesare Romano, W. Joseph Ford Fellow, Loyola Law School, Los Angeles
'In sum, Steinitz’ book is an original, thought-provoking and highly ambitious addition to the existing literature on 'business and human rights'. It is a very informative and insightful reading that impressively covers many different issues and fields.’ Leander Beinlich, Heidelberg Journal of International Law
‘Steinitz’s book is a must-read for those interested in transborder mass torts litigation and in the current business and human rights debate. Readers will find a convincingly argued, wellthought-through and practical proposal on resolving a grave concern for human rights protection before a new international court.’ Stephan W. Schill, American Journal of International Law
Product details
December 2018Hardback
9781107162853
254 pages
234 × 157 × 17 mm
0.48kg
Available
Table of Contents
- Introduction
- 1. How new international courts come into being
- 2. The stories behind the cases: the Bhopal disaster, the devastation of the Ecuadorian Amazon, and the abuse and murder of Dr Kiobel
- 3. The problem of the missing forum
- 4. The business case for the ICCJ
- 5. Institutional and procedural features of an ICCJ
- Conclusion.