Adjudicating Transnational Corporate Crimes in Foreign Courts: Imperialism or Assertion of Functional Jurisdiction
(2011-2012) 19 African Yearbook of International Law 143-200
30 Pages Posted: 29 Sep 2015
Date Written: 2012
Abstract
This article explores both theoretical and practical perspectives on the propriety and utility of litigating transnational corporate crimes in foreign courts. Is such litigation normatively appropriate? Is it useful for the promotion of corporate compliance with established standards of business conduct? In addressing these questions, the article combines perspectives from TWAIL scholarship, Felix Cohen’s theory of legal functionalism, socio-legal scholarship and democratic theory. The article’s fundamental intent is to provide a deeper understanding of the significance of litigating transnational corporate crimes in foreign courts. The article argues that criticisms of this type of litigation relating to imperialism and sovereignty are often misconceived. It also argues that opposition to this type of litigation by third world scholars would defeat the overarching goal of TWAIL scholars: to promote and protect the well-being of ordinary people of the third world, as distinct from their states.
Keywords: Transnational Litigation, Transnational corporate crimes, TWAIL, Legal Functionalism, Politics of Rights, Legal Mobilizatioin Theory
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