Table Of ContentCorporate Accountability in the
Context of Transitional Justice
Corporate Accountability in the Context of Transitional Justice explores how
corporations can be held accountable for their role in past human rights
violations when a country is making a transition from confl ict or repression to
peace and democracy. It breaks new ground in theorizing the linkages between
the areas of transitionalj usticea ndc orporatea ccountability andin analyzing
problems frequently arising where the two fi elds meet in practice: for example
where the role of corporations in past human rights violations is examined by
truth and reconciliation commissions or in the course of litigation.
The book provides an overview of the current trends in law and in legal and
political discussion relating to both areas, as well as in-depth analysis of how
tools of corporate accountability and transitional justice can complement
each other in order to achieve the best outcomes for bringing justice to victims
and lasting peace to societies. The authors bring extensive experience from
diverse professional backgrounds and jurisdictions to provide the fi rst
sustained attempt to address this link. The book will be of interest to scholars,
practitioners, policymakers and activists working in the areas of transitional
justice, corporate accountability, and business and human rights.
Sabine Michalowski is Professor of L aw a t the University of Essex. Her
research interests include the economic and social dimensions of transitional
justice as well as corporate complicity. Her recent publications include
articles on corporate complicity and on the link between sovereign debt and
transitional justice.
Transitional Justice
Series Editor: Kieran McEvoy
Queen’s University Belfast
The study of justice in transition has emerged as one of the most diverse and
intellectually exciting developments in the social sciences. From its origins in
human rights activism and comparative political science, the fi eld is increas-
ingly characterized by its geographic and disciplinary breadth. This series
aims to publish the most innovative scholarship from a range of disciplines
working on transitional justice related topics, including law, sociology, crimi-
nology, psychology, anthropology, political science, development studies and
international relations.
Titles in this series:
Transitional Justice, Judicial Accountability and the Rule of Law
Hakeem O. Yusuf (2010)
The Era of Transitional Justice: The Aftermath of the Truth and Reconciliation
Commission in South Africa and Beyond
Paul Gready (2010)
The Dynamics of Transitional Justice
Lia Kent (2012)
Corporate Accountability in the Context of Transitional Justice
Sabine Michalowski (2013)
Identity, Reconciliation and Transitional Justice
Nevin T. Aiken (2013)
Forthcoming titles in the series:
The Judiciary and the Politics of Transition: Saviours, Scoundrels, Scapegoats
Marny Requa
Truth, Denial and Transition: The Contested Past in Northern Ireland
Cheryl Lawther
Families of the Missing
Simon Robins
Gender Politics in Transitional Justice
Catherine O’Rourke
The Concept of the Civilian
Claire Garbett
Transitional Justice and the Arab Spring
Edited by Kirsten Fisher and Robert Stewart
Transitional Justice Theories
Edited by Susanne Buckley Zistel, Teresa Koloma Beck, Christian Braun, Friederike Mieth
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Corporate Accountability
in the Context of
Transitional Justice
Edited by
Sabine Michalowski
I~ ~~o~;~~n~~~up
a GlassHouse Book
First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2013 Sabine Michalowski, selection and editorial material; individual
chapters, the contributors
The right of the editor to be identifi ed as the author of the editorial
material, and of the authors for their individual chapters, has been
asserted in accordance with sections 77 and 78 of the Copyright, Designs
and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced
or utilised in any form or by any electronic, mechanical, or other means,
now known or hereafter invented, including photocopying and recording,
or in any information storage or retrieval system, without permission in
writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identifi cation and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Corporate accountability in the context of transitional justice /
[edited by] Sabine Michalowski.
pages cm. — (Transitional justice)
1. Transitional justice. 2. Human rights. 3. Political crimes and
offenses. 4. Restorative justice. 5. Corporate governance—Law and
legislation. 6. Social responsibility of business. I. Michalowski, Sabine.
K5250.C67 2013
343.07—dc23
2013001783
ISBN: 978-0-415-52490-2 (hbk)
ISBN: 978-0-203-33809-4 (ebk)
Typeset in Garamond
by Keystroke, Station Road, Codsall, Wolverhampton
Contents
Acknowledgments ix
Contributors xi
Introduction 1
SABINE MICHALOWSKI
PART I
Transitional Justice and Corporate
Accountability: Exploring Current
Trends and Potential Linkages 7
1 Linking Transitional Justice and Corporate
Accountability 9
CLARA SANDOVAL WITH LEONARDO FILIPPINI AND
ROBERTO VIDAL
2 Toward a Multi-Directional Approach to
Corporate Accountability 27
YOUSEPH FARAH
3 Transnational Civil and Criminal Litigation 52
TARA L. VAN HO
4 Transitional Justice and the UN Guiding Principles
on Business and Human Rights 73
GENEVIÈVE PAUL AND JUDITH SCHÖNSTEINER
5 Corporations and Redress in Transitional Justice Processes 93
CLARA SANDOVAL AND GILL SURFLEET
viii Contents
6 Corporate Accountability, Reparations, and Distributive
Justice in Post-Confl ict Societies 114
NELSON CAMILO SÁNCHEZ
7 A New Avenue Towards Corporate Accountability:
The Optional Protocol to the Covenant on Economic,
Social and Cultural Rights 131
SYLVAIN AUBRY
PART II
Linking Transitional Justice and Corporate
Accountability: Examples and Case Studies 151
8 Lessons from the South African Experience 153
CHARLES P. ABRAHAMS
9 International Criminal Law and Transnational
Businesses: Cases from Argentina and Colombia 174
WOLFGANG KALECK
10 Another Brick in the Uruguayan Transition:
Financial Complicity 189
JUAN PABLO BOHOSLAVSKY
11 The Legal Framework for Private Investors in
Kosovo: Implications for Environmental
Protection in a Transitional Economy 208
DAVID M. ONG
12 Transitional States and the Flag of Convenience
Fishing Industry 228
DARREN CALLEY
Conclusion 247
SABINE MICHALOWSKI AND RUBEN CARRANZA
Index 255
Acknowledgments
This book is largely the product of two international seminars entitled
“Linking Corporate Complicity and Transitional Justice,” which took place at
the University of Essex, UK, in September 2010 and the University of
Palermo, Argentina, in April 2011. The seminars and the book’s copyediting
were funded by the British Academy under its UK-Latin American/Caribbean
Link Scheme.
I would like to thank all participants of the two seminars, quite a few of
whom have also written chapters for this book, for their stimulating
contributions to the discussions. In particular, I would like to thank Leonardo
Filippini, who was my co-investigator in the British Academy-funded project
and the co-organizer of the two seminars, and Clara Sandoval, without whose
support neither the seminars nor the book would have been possible. All
authors of this book deserve my gratitude for the patience with which they
endured my editing.
Morgan Stoffregen did a fantastic job copyediting this book. Many thanks
also go to Diana Guarnizo for editing the footnotes and providing other
assistance.
