Year
2016
Volume
10
Number
1
Page
72
Language
English
Court
Reference
M. REQUEJO ISIDRO, “Business and Human Rights Abuses: Claiming Compensation under the Brussels I Recast”, HRILD 2016, nr. 1, 72-93
Recapitulation
Procedural factors have proven crucial for access to compensation remedies against corporations in human rights-related cross-border cases. The Recast of the Brussels I Regulation was a unique opportunity to facilitate the way to court in this setting, as proposed by scholars as well as NGOs and as could be expected from the coincidence in time of its drafting with the publication of Ruggie’s Guiding Principles, on the one hand, and of the ILA Civil Litigation and the Interests of the Public Committee’s final Report on the subject of International Civil Litigation for Human Rights Violations, on the other. In this paper we analyse some of the Recast’s rules on international jurisdiction, selected in light of actual claims filed in European courts in recent decades. In a framework where continuity with the preceding rules has been the motto of the lawgiver, the interpretative role of the CJEU becomes of the outmost importance in moving forward and facilitating access to justice under the EU regime.