Law in Protest: Transnational Struggles for Corporate Liability
Prof. Julia Eckert, Angela Lindt M.A., Dr. des. Laura Affolter
Negative impacts on the environment and on the livelihood of local populations caused by transnational corporations (TNCs) operating in the so-called Global South have become a politically contested issue. Holding the companies or their employees legally liable has often been difficult because of jurisdictional or governance obstacles. However, despite the difficult legal situation, there have been growing attempts worldwide to bring TNCs to court for violations of human rights or for serious environmental damages. Local protest groups make use of law as an instrument to legitimize their claims and to gain international support for their struggles. The project “Law in Protest: Transnational Struggles for Corporate Liability” enquires into how advocacy organisations and local plaintiffs influence each other with respect to normative evaluation, political goals and litigation strategies. It examines the normative change born from litigation processes both among local plaintiffs and in the legal norms adopted to litigate against TNCs. By conducting empirical ethnographic research on the work of lawyers and human rights activists in different settings and places, the overarching aim of the project is to find out whether the strategic application of national law leads to normative - legal as well as social - change.
Subproject A: Corporate Liability from Below: Struggles for Rights, Justice and Responsibility in Peru’s Mining Regions (Angela Lindt)
The project focuses on social conflicts in Peru’s mining regions and on the prospects of using legal norms to hold transnational corporations accountable for human rights violations. Based on ethnographic research in the region of Cajamarca and in Lima, the project examines the social processes underlying these court cases and analyses the role of strategic litigation and the cooperation with national and international NGOs.
Subproject B: Using the Constitution against the State: Legal Struggles against Mining in Ecuador (Laura Affolter)
The research project analyses the legal struggles against a copper mining project in the Ecuadorian Íntag valley. By dealing with different actors involved in these struggles, it looks at what their agendas are, how their claims are phrased in terms of law and through what legal (or non-legal) pathways they are formulated. Conceptually, the project is concerned with how through the (strategic) employment of specific legal mechanisms, law is constantly being made and transformed. It pays particular attention to how the constitutional “rights of nature” are mobilised.