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common law tort and the emergence of corporate responsibility in
international human rights law.
Part 2 presents an overview of key pieces of scientific research studies that
provide evidence currently available concerning what the fossil fuel industry
knew and what actions were taken in light of, their products' contribution to
climate change.
Q17: Based on Part 1, could you please summarize what are the fundamental
elements of corporate responsibility under tort, civil liability, and human
rights law?
A17: Under traditional legal norms, standards and jurisprudence defining civil
liability (as opposed to criminal liability), whether a harmed party can seek a
remedy is dependent, in part, on the links between identifiable plaintiff, an
identifiable defendant and a causal chain that connects the harms suffered to
the actions or inactions of the parties.
Under common law tort, there are theories of strict liability where a
defendant is liable for harms regardless of the conduct by the plaintiff.
Alternatively, for example, under a theory of comparative negligence, a
defendant is only liable for a percentage of fault. These common law
theories are not exhaustive but are only selected to show how legal
authorities can allocate responsibility and determine liability among the
participants for the conduct at issue and for purposes of compensating harm.
Allocating responsibility, particularly among corporate actors for human
rights violations, is a matter of evolving jurisprudence that balances
considerations of statutory mandate, fairness, moral and ethical obligations
among other considerations.
Principles of corporate responsibility therefore reflect the evolution of
jurisprudence concerning responsibility or ‘non-contractual obligations’ in
civil law jurisdictions, civil liability approaches to responsibility under
common law tort, widely accepted principles of legal responsibility that are
fundamental to international human rights law, and an emerging body of
jurisprudence that has clarified that corporations are among the private
actors that have responsibilities to comply with international human rights
law.
In 2011, the UN Special Rapporteur on Business & Human Rights John
Ruggie addressed the human rights responsibilities of corporations in his
report Guiding Principles on Business and Human Rights (UNGPs). These
UNGPs have been endorsed by the UN Human Rights Council as the
foundation for assessing corporate responsibilities to uphold human rights
and avoid complicity in human rights violations.
When discussing corporate responsibility in the human rights context, legal
experts adopt a civil liability approach that weighs the fundamental elements
of corporate responsibility that include (1) a causal link between the actor