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.
Rachel Killean: Victim Participation in International Criminal Law
Just Cause
30 minutes 12 seconds
2 months ago
Rachel Killean: Victim Participation in International Criminal Law
What does justice look like for victims of atrocity crimes? How can they participate in the criminal process? Are international criminal tribunals even the best means of addressing violations? How else might we support victims?
In this episode, LLB V student and Just Cause co-director Eamonn Murphy speaks with Senior Lecturer and Just Cause co-director Dr Rachel Killean, unpacking the mechanics of victim participation in international criminal law. Drawing from Dr Killean’s research on the Extraordinary Chambers in the Courts of Cambodia, this episode explores how victims can be involved in trials for violations of international criminal law. From the Khmer Rouge Tribunal to the International Criminal Court, we consider the active role that victims play as represented parties in certain international tribunals; we question the assumption that providing testimony is necessarily “retraumatising” for victims, and outline the support systems for victims that exist in both international and domestic legal systems. If this topic of victim participation piques your interest, please see Dr Killean and Professor Luke Moffett's article in the Journal of International Criminal Justice, available to read here: https://pureadmin.qub.ac.uk/ws/portalfiles/portal/130043243/Killean_Moffett_260517.pdf.
Dr Rachel Killean is a Senior Lecturer at Sydney Law School, and the current Associate Dean for Student Life in Sydney Law School. Dr Killean is the Co-Convener of the ANZSOC Green Criminology thematic group and the Deputy Director of the Australian Centre for Climate and Environmental Law, and is a member of the Sydney Institute of Criminology, the Sydney Southeast Asia Centre, and the Sydney Environment Institute.
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.
