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Free keywords:
human rights-related abuses; corporations; claims for compensation;
international jurisdiction; Brussels Recast
Abstract:
Procedural factors have proven crucial for access to compensation remedies against
corporations in human rights-related cross-border cases. Th e 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 draft ing 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 fi nal 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 fi led 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.
