In search of a sustainable and just legal framework for divestment of toxic business activities and -assets.

Objetivo

Over the past decade courts have tightened the net on corporate environmental and human rights abuses. A predictable response to this development is for corporations “to conjure away” their liabilities and to divest toxic liabilities through complex, sophisticated legal means. This includes asset sales, reliance on bankruptcy law or re-arrangement of corporate structures. As a result, victims are left without redress to justice. Left unaddressed this situation fundamentally erodes societal faith in justice & the rule of law. The objective of CONJURERS is to develop a legal framework for a sustainable and just approach to the divestment of toxic business operations and assets linked to environmental and human rights abuses. It will be based on an integrated comparative, and cross-jurisdictional analysis. CONJURERS will research legal rules for responsible divestment in the interests of justice and the rule of law. It will research internationally effective rules that create a legal duty not to abandon toxic legacies. Simply put CONJURERS details how a potential international Convention on the divestment of toxic assets alongside a “duty to stay” could be operationalised. Current scholarly attention focuses on narrow issues. By addressing the challenge across legal disciplines, CONJURERS aims to meet multi-jurisdictional legal escape strategies with integrated just solutions. CONJURERS’ scientific advance is to adjust corporate, contract, restructuring, and relevant private law aspects of corporate divestment, to ensure victims of toxic liabilities are properly compensated. CONJURERS’ PI is uniquely placed to understand the multi-jurisdictional gaming of various national laws. The PI has both scholarly and practical experience in the various areas which CONJURERS addresses, as well as a recognised track record in legal multidisciplinary research supervision essential for a successful outcome.

Ámbito científico (EuroSciVoc)

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