How can we hold corporations to their human rights obligations? When it comes to multinational asbestos-mining corporations such as Cape and James Hardie, do arguments of forum non conveniens and separate legal personality hold up? Could a simple claim in negligence be the best way to redress human rights violations?
In this episode, Just Cause co-director and LLB V student Eamonn Murphy speaks with Professor David Kinley, the Chair in Human Rights Law at Sydney Law School, about the intersection between corporate responsibility and human rights law. Drawing from David’s new book, In a Rain of Dust: Death, Deceit and the Lawyer Who Busted Big Asbestos, we consider the case of Lubbe v Cape, brought in 1995 by grassroots lawyer Richard Meeran against Cape Plc, a British company that mined and milled asbestos in apartheid-era South Africa, causing innumerable deaths from asbestos-related diseases among local workers and their communities. While the case is largely seen as one about jurisdiction in private international law and tort liability in the context of a corporate group, we examine what it has to say about human rights — how, as David phrases it, can you cut a human rights cloth? Find out in this episode!
Professor David Kinley holds the Chair in Human Rights Law at the University of Sydney Law School. He is also an Academic Expert Member of Doughty Street Chambers in London, a member of the Australian Council for Human Rights, a member of the Human Rights Council of Australia and a board member of Cisarua, an Afghan refugee-led education centre located in Bogor, Indonesia.
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How can we hold corporations to their human rights obligations? When it comes to multinational asbestos-mining corporations such as Cape and James Hardie, do arguments of forum non conveniens and separate legal personality hold up? Could a simple claim in negligence be the best way to redress human rights violations?
In this episode, Just Cause co-director and LLB V student Eamonn Murphy speaks with Professor David Kinley, the Chair in Human Rights Law at Sydney Law School, about the intersection between corporate responsibility and human rights law. Drawing from David’s new book, In a Rain of Dust: Death, Deceit and the Lawyer Who Busted Big Asbestos, we consider the case of Lubbe v Cape, brought in 1995 by grassroots lawyer Richard Meeran against Cape Plc, a British company that mined and milled asbestos in apartheid-era South Africa, causing innumerable deaths from asbestos-related diseases among local workers and their communities. While the case is largely seen as one about jurisdiction in private international law and tort liability in the context of a corporate group, we examine what it has to say about human rights — how, as David phrases it, can you cut a human rights cloth? Find out in this episode!
Professor David Kinley holds the Chair in Human Rights Law at the University of Sydney Law School. He is also an Academic Expert Member of Doughty Street Chambers in London, a member of the Australian Council for Human Rights, a member of the Human Rights Council of Australia and a board member of Cisarua, an Afghan refugee-led education centre located in Bogor, Indonesia.
Ben Saul: Sanctioning Israel for Violating International Law
Just Cause
25 minutes 45 seconds
2 months ago
Ben Saul: Sanctioning Israel for Violating International Law
Why has Australia placed so few sanctions on Israel? Why are we still exporting fighter jet parts to a state that, over the past two years, has systematically attacked civilians in Palestine and deliberately denied them humanitarian relief? Can sanctions be an effective means of changing Israel’s behaviour?
In this episode, LLB students Joshua Mortensen and Sphe Shembe speak with Professor Ben Saul about the use of sanctions as a tool of international justice in the context of Israel’s assault on Gaza. While sanctions are often presented as a non-violent alternative to military force, do they truly restrain unlawful conduct and protect civilians — or are they undermined by political double standards and unintended humanitarian costs? Together, we explore whether sanctions can still serve as an effective instrument of social justice, the challenges facing international institutions such as the UN and the ICC, and what reforms might be needed not only to ensure Israel’s accountability for its flagrant disrespect for international law, but to protect civilians in Palestine and prevent further violations of their fundamental human rights.
Professor Ben Saul is the Challis Chair of International Law at Sydney Law School and the UN Special Rapporteur on the promotion and protection of human rights while countering terrorism. He has advised governments, the United Nations, and NGOs around the world on international law and human rights, and has written extensively on terrorism, humanitarian law, and global justice.
Further Reading:
Saul, Ben. “Why Sanctions Are More Urgent Than Ever for Israel.” The Conversation (2024). Available at: https://theconversation.com/why-sanctions-are-more-urgent-than-ever-for-israel-226986.
UN Human Rights Office of the High Commissioner, “UN experts urge immediate arms embargo on Israel and accountability for violations in Gaza” (23 Feb 2024). Available at: https://www.ohchr.org/en/press-releases/2024/02/un-experts-urge-immediate-arms-embargo-israel-and-accountability-violation.
Just Cause
How can we hold corporations to their human rights obligations? When it comes to multinational asbestos-mining corporations such as Cape and James Hardie, do arguments of forum non conveniens and separate legal personality hold up? Could a simple claim in negligence be the best way to redress human rights violations?
In this episode, Just Cause co-director and LLB V student Eamonn Murphy speaks with Professor David Kinley, the Chair in Human Rights Law at Sydney Law School, about the intersection between corporate responsibility and human rights law. Drawing from David’s new book, In a Rain of Dust: Death, Deceit and the Lawyer Who Busted Big Asbestos, we consider the case of Lubbe v Cape, brought in 1995 by grassroots lawyer Richard Meeran against Cape Plc, a British company that mined and milled asbestos in apartheid-era South Africa, causing innumerable deaths from asbestos-related diseases among local workers and their communities. While the case is largely seen as one about jurisdiction in private international law and tort liability in the context of a corporate group, we examine what it has to say about human rights — how, as David phrases it, can you cut a human rights cloth? Find out in this episode!
Professor David Kinley holds the Chair in Human Rights Law at the University of Sydney Law School. He is also an Academic Expert Member of Doughty Street Chambers in London, a member of the Australian Council for Human Rights, a member of the Human Rights Council of Australia and a board member of Cisarua, an Afghan refugee-led education centre located in Bogor, Indonesia.
