Take Legal Action
An alternative to going to court is to file a complaint with an alternative resolution mechanism. These are non-binding dispute resolution bodies. In other words, these are bodies that can hear a complaint, but can only issue an inapplicable recommendation or opinion to resolve the dispute, not a binding decision. This may be useful to the parties, but it means that the eventual resolution of the dispute always depends on the goodwill of the parties. Thanks to a combination of political activism and legal pressure on Shell in Nigeria and abroad, Shell has now decided to cease operations in the Niger Delta, a victory for local communities. In some cases, it is possible to take legal action against the abstract notion of the State as a whole (e.g. the State of India). The state, civil servants and public institutions all have legal obligations that oblige them to do certain things and not to do certain things. These obligations constitute what is known as “public law”.
For more information about public law, see What laws can I apply?. The key message of this section is that if the state violates public law, you may be able to take action against the state as a whole or against the relevant official/agency. This section describes the main forums where you can take legal action. These are: There are a number of ways in which UN human rights bodies can be used to defend human rights. Sometimes they may be instead of going to court, or they may be used to support litigation. None of these processes are legally binding, but they can put pressure on your government to act. The state is the sovereign political entity that we commonly refer to as a “country” or “nation.” The state consists of thousands of different components, all of which could be subject to prosecution. Here are some important examples: Legal action may also be brought against a State if it is not directly or indirectly responsible for an act or omission, but has assisted another State or a private actor in committing an act. This assistance may take the form of logistical, military or financial support.
Example: IFC lawsuit (United States) In U.S. courts, Indian farmers are suing the international financial institution IFC for its investment in a coal mine that has caused severe environmental damage to their land. But even if a private actor assumes a public function, the state can still be held responsible for illegal acts committed by the private actor. There is no point in taking action against someone unless: therefore, local communities have had to use other legal systems to obtain justice. Despite initial successes, the possibility of making claims in the United States has been ruled out by the Supreme Court, which requires that the activities have a clear connection to the United States. For this reason, complaints against international organizations such as the United Nations or the World Bank had to be dealt with through internal complaints procedures in those organizations. Any of them can be an effective remedy. Private lawsuits are often brought in civil courts, as they usually involve allegations of illegal behavior such as pollution or damage to property or health, violent behavior, or illegal land grabbing. NHRIs do not make legally binding judgments like a court, but can open investigations into human rights issues. The public about NHRI complaints and investigations can raise awareness and pressure governments and companies to change their actions. The party against whom the action is brought is often referred to as the “defendant” (the relevant term for your claim depends on the legal system and the nature of the claim).
Administrative courts hear complaints against public bodies such as a Ministry of State, a municipal council or a licensing or regulatory authority. A typical complaint is directed against an act (e.g., a decision to grant a licence or grant) or omission (e.g., failure to take action against an unauthorized industrial project). If you are considering taking legal action to resolve a problem, there may be more than one court, tribunal or other body where you can sue. It`s helpful to first get an overview of the different options and weigh the pros and cons of each before deciding where to take your case. In some cases, State officials enjoy immunity. If this is the case, they cannot be sued before the national courts of another country. State immunity is a legal doctrine that limits the ability of a country`s courts to hear lawsuits against foreign states. As a general rule, courts cannot hear cases that complain about the actions of foreign states. For example, a Pakistani citizen cannot appeal to the Pakistani courts to hold the UK accountable for illegal acts. “Taking legal action.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/take%20legal%20action.
Retrieved 14 January 2022. If, after weighing the pros and cons, you believe that a non-binding settlement would be appropriate for your case, you should consider an out-of-court complaint mechanism. If you believe that a binding decision is necessary, you must take legal action. The following questions will help you decide which dish would be right for you. All public servants enjoy immunity when their acts involve the exercise of official authority. For example, when they represent their government. A key aspect of this type of immunity is that it lasts forever. UN Special Rapporteurs are independent experts who focus on specific human rights issues. As part of their mandate, they may receive complaints from individuals. This is not a legal process and the outcome is not binding on countries, but can be used to pressure your country to take more climate action. Individuals may also sometimes take legal action against international organizations.
In addition to the person or company directly liable for the damages, you may be able to take legal action against persons or companies that are agents or accessories. However, as a result of recent decisions in the United States, it has become increasingly difficult to make claims under the Alien Tort Act for lawsuits that take place in other countries. A business can be any organization that engages in a business activity (usually an activity to make money or make a profit). Businesses can take many forms. All businesses can have a negative impact on human rights. Companies or individuals within a company could be the appropriate defendant in your case. Even if individuals or groups engage in activities that are not considered public functions, the state could be held liable if it exercises “effective control” over the individual or group. A State may exercise effective control by commanding, commanding or directing the actions of an individual or group. In international law, the circumstances in which you can hold the State responsible for an act are governed by a concept called “State responsibility”. It defines the circumstances in which an act, person or entity may be imputed to the State as a whole.
If there is a government policy or law that has harmed you or your rights, you can take legal action against: Although the ICJ concluded that the United States had no effective control over the Contras (and could not be directly responsible for their actions), the Court found that the United States was responsible for providing military services, logistical and financial support to paramilitary groups in Nicaragua. The United States was subsequently ordered to pay compensation. Criminal courts hear cases against individuals or companies accused of a crime. Crimes are most often defined in the country`s penal code. Typically, the case is filed by a state official, such as a prosecutor or prosecutor. In some countries, a natural or legal person, usually a victim of a crime, may initiate criminal proceedings. This is called “private prosecution.” For example, while it is generally more expensive to sue in the courts of another country, it may be necessary if the courts in your country are weak, corrupt, or unable to enforce a judgment against a defendant based in another country. A “stakeholder” is any person who has an interest in or connection with a business.
You could potentially take action against one of the following “stakeholders” in a business: For example, if land is illegally taken from Part A, it may be possible to take legal action against Party B, which now owns the improperly acquired land or has purchased products grown there. The most common place to bring an action is before the national courts based in your country. However, there are usually many types of courts that hear different types of cases. Here are some of the most important examples. If a government agency is obliged to take a certain action and does not take that action, legal action may be taken against: If the damage you are complaining about was caused by the actions of a company or employees/representatives of a company, another option is to take legal action against the company as an independent legal entity. Regional human rights courts and commissions may apply regional human rights treaties when available national mechanisms (courts or others) cannot protect your human rights. Individual complaints to regional human rights bodies are such as the submission of human rights complaints or constitutional complaints to national courts (these are legal complaints). There is no exhaustion of domestic remedies before the CJEU. This means that cases can be brought directly before the CJEU without having to go to national courts. Some senior officials also enjoy different immunity for all their acts, but only for the duration of their mandate.
For example, important presidents and ministers enjoy this kind of absolute immunity.