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Abstract

In recent years, victims of corporate human rights abuses who are unable to seek and obtain remedy in their local jurisdictions are increasingly bringing their claims before courts of home states of corporations. However, victims’ attempt to seek and obtain remedies in home states has often been impeded by various legal, procedural, and other practical barriers. Against this, the thesis attempts to address two important legal questions about home state remedies. First, it examines whether home states of TNCs have an obligation to provide a remedy under international human rights law for victims whose rights have been infringed by overseas operations of their TNCs. Second, by focusing on the experiences in the UK, Canada, and the US, it comparatively explores recent legislative and judicial responses to various legal barriers, such as the issue of jurisdiction and parent company liability, and their impact on victims’ access to home state remedies.

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