Transitional Justice, Corporate Accountability and Socio-Economic Rights: Lessons from Argentina, 1st Edition (Hardback) book cover

Transitional Justice, Corporate Accountability and Socio-Economic Rights

Lessons from Argentina, 1st Edition

By Laura García Martín

Routledge

232 pages

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Hardback: 9780367204143
pub: 2019-08-13
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Description

This book explores the intersection of two emergent and vibrant fields of study in international human rights law: transitional justice and corporate accountability for human rights abuses.

While both have received significant academic and political attention, the potential links between them remain largely unexplored. This book addresses the normative question of how international human rights law should deal with corporate accountability and violations of economic, social and cultural rights in transitional justice processes. Drawing on the Argentinian transitional justice process, the book outlines the theoretical and practical challenges of including corporate accountability in transitional justice processes through existing mechanisms. Offering specific insights about how to deal with those challenges, it argues that consideration of the role of all actors, and the whole spectrum of human rights violated, is crucial to properly address the root causes of violence and conflict, as well as to contribute to a sustainable and positive peace.

This interdisciplinary book will be of interest to students and scholars of transitional justice, human rights law, corporate law and international law.

Table of Contents

Acknowledgments

Book Abstract

List of Abbreviations

Introduction

 

PART I – TRANSITIONAL JUSTICE AND SOCIO-ECONOMIC RIGHTS

Chapter I - Analysing the Transitional Justice paradigm

Introduction

Background and evolution of Transitional Justice

Defining the Transitional Justice Paradigm

Transitional Justice Processes and Mechanisms

Truth

Justice

Reparations

Institutional Reform

How to assess the impact of transitional justice

Transitional Justice Theories

Socio-political aspects of Transitional Justice

Intermediate conclusions: A unique model of transitional justice?

Chapter II – Socio-economic rights in Transitional Justice

Introduction

Contextualising socio-economic rights in International law

Labour rights as socio-economic rights: a particular focus on freedom of association at the workplace

Labour rights as human rights

Freedom of association at the workplace: the right to form and join trade unions and the right to collective bargain

Traditional invisibility of socio-economic rights in transitional justice contexts

Addressing socio-economic rights in transitional justice processes

Truth Commissions

Judicial Processes

Reparations

Institutional reform

Intermediate conclusions: The add value of addressing socio-economic rights in transitional justice

 

 

 

 

PART II: CORPORATE ACCOUNTABILITY IN TRANSITIONAL JUSTICE

Chapter III – Corporate accountability for human rights abuses

Introduction

Clarifying the notion of corporate complicity for human rights abuses

Policy and legal meaning of corporate complicity

Categories of corporate complicity

Corporate accountability under the existing legal regimes

Criminal Law

Civil Law of remedies

International Human Rights Law

Intermediate conclusions: The challenging task of holding corporations legally accountable for human rights abuses

 

Chapter IV – Linking corporate accountability and transitional justice

Introduction

Introduction

Engaging corporations in peacebuilding strategies

Challenges for the international framework of business and human rights in transitional justice

Addressing corporate accountability and socio-economic rights in transitional justice

Intermediate conclusions: The need to address corporate accountability in transitional justice

PART III – A CASE STUDY OF ARGENTINA

 

Chapter V - Proceso de Reorganizacion Nacional: the dark ages of Argentinian history (1976-1983)

Introduction

International and national background

Coup and establishment of Military Juntas

Military Juntas

Economic policy and social repression

Civilian involvement: a special focus on corporations and economic groups

Workers as target of repression

The extended notion of ‘subversion’

Suppression of workers’ rights and trade unions intervention

Human rights violations

Intermediate conclusions: Business involvement in human rights violations

Chapter VI - Nunca Más: The transitional justice process in Argentina

Introduction

Political stages of the transitional justice process in Argentina

First period- New democratic governments and first accountability initiatives (1983-1989)

Second period - Amnesties and Pardons (1989-2003)

Third period – New Accountability Era (2003-2015)

Current stage and challenges

Transitional Justice Mechanisms and Accountability for socio-economic rights

Truth

Justice

Reparations

Institutional Reform

Corporate accountability and the transitional justice process in Argentina

Intermediate conclusions: Argentina’s transitional justice approach to corporate accountability and socio-economic rights

 

Conclusions

Bibliography

Annex – List of interviews

 

About the Author

Laura García Martín is a postdoctoral researcher and teaching assistant at University of Seville and University of Antwerp. Her research interests include the socio-economic dimension of transitional justice and business and human rights.

About the Series

Transitional Justice

The study of transitional justice has emerged as one of the most diverse and intellectual exciting developments in the social sciences in the last two decades. From its origins in human rights activism and comparative political science the field is increasingly characterised by its geographic and disciplinary breadth. Routledge’s Transitional Justice series publishes innovative work across a range of disciplines working on transitional justice related topics: including law, sociology, criminology, psychology, anthropology, political science, development studies and international relations.

The series includes titles which address larger theoretical questions on transitional justice, including the intersection of notions such as justice, truth, accountability, impunity and the construction of transitional justice knowledge. It also contains critical and theoretically informed empirical work on the workings of institutions such as truth commissions, community based reconciliation, victim empowerment, ex-combatant demobilisation, or regional discussions on practical programmes in particular areas. Finally, the series covers the legal aspects of transitional justice; although, avoiding dry, overly technical or dull legal texts, it specialises in a style of legal scholarship that reflects the energy and vitality of this exciting field.

For further details on the series please contact the Series Editor.

Kieran McEvoy

Professor of Law and Transitional Justice

School of Law

Queens University Belfast

BT7 1NN

44 (0) 2890973873

k.mcevoy@qub.ac.uk

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
BUS008000
BUSINESS & ECONOMICS / Business Ethics
BUS104000
BUSINESS & ECONOMICS / Corporate Governance
LAW000000
LAW / General
LAW009000
LAW / Business & Financial
LAW013000
LAW / Civil Rights
LAW022000
LAW / Corporate
LAW026000
LAW / Criminal Law / General
LAW051000
LAW / International
LAW089000
LAW / Government / State, Provincial & Municipal
POL014000
POLITICAL SCIENCE / Political Freedom & Security / Law Enforcement
POL023000
POLITICAL SCIENCE / Economic Conditions
POL035010
POLITICAL SCIENCE / Political Freedom & Security / Human Rights
POL042030
POLITICAL SCIENCE / Political Ideologies / Fascism & Totalitarianism
POL057000
POLITICAL SCIENCE / World / Caribbean & Latin American
POL064000
POLITICAL SCIENCE / Corruption & Misconduct
SOC004000
SOCIAL SCIENCE / Criminology
SOC051000
SOCIAL SCIENCE / Violence in Society