Addressing corporate human rights violations and environmental harm: advancing a holistic remedial framework through tort law and the EU Corporate Sustainability Due Diligence Directive (CSDDD)

Nartey, E.K (2024) 'Addressing corporate human rights violations and environmental harm: advancing a holistic remedial framework through tort law and the EU Corporate Sustainability Due Diligence Directive (CSDDD).' Athens Journal of Law, 10 (1). ISSN 2407-9685 (Forthcoming)

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Abstract

This research investigates solutions for instances of corporate human rights violations and environmental harm, with a focus on applying the ‘Eggshell Skull Rule’. It suggests a three-step method for determining liability and stresses the importance of restoring victims to their pre-violation condition. The study examines legal remedies, emphasising the significance of aggravated and exemplary damages in addressing corporate wrongdoing. It supports the use of exemplary damages to penalise misconduct and prevent future offences, addressing challenges in applying legal frameworks to corporate behaviour. Furthermore, it assesses the difficulties and debates surrounding exemplary damages in civil cases. This study contributes to discussions on corporate accountability and aligns with the EU Corporate Sustainability Due Diligence Directive by advocating for a comprehensive remedy structure. It underlines the necessity of both compensatory and punitive measures to maintain accountability and fairness in cases of corporate misconduct

Item Type: Article
UN SDGs: Goal 16: Peace, Justice and Strong Institutions
Keywords: human rights violations, corporate accountability, remedy, human rights, tort law
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Divisions: Bath Business School
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Date Deposited: 07 Jun 2024 11:43
Last Modified: 07 Jun 2024 11:43
URI / Page ID: https://researchspace.bathspa.ac.uk/id/eprint/16298
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