TY - JOUR
T1 - Justice from below
T2 - corporate accountability in Argentina
AU - Pereira, Gabriel
AU - Payne, Leigh A.
AU - Bermúdez, Laura Bernal
N1 - Publisher Copyright:
© 2022 Informa UK Limited, trading as Taylor & Francis Group.
PY - 2022
Y1 - 2022
N2 - Argentina has taken a protagonist role in corporate accountability for crimes against humanity committed during the past authoritarian regime (1976-1983). This study examines in-depth the factors that allowed for those advances. It highlights the role of victims, human rights groups, and their advocates in demanding justice for gross human rights violations perpetrated by an alliance of economic and state actors involved in them. It considers the role institutional innovators within the judicial realm played to advance these demands, translating them into legal actions. This combination of forces ‘from below’ has made Argentina a leader in corporate accountability, capable of overcoming barriers posed by a powerful veto by the business sector. Not all from below processes advance victims’ rights, however. Using an original database of cases, the article develops an Archimedes' Lever approach for explaining how cases move along an accountability continuum. Specifically, in the right context and with the right tools, even relatively weak victims in the Global South can lift the weight of corporate accountability. The article concludes by highlighting the tools that are transferable to other country contexts.
AB - Argentina has taken a protagonist role in corporate accountability for crimes against humanity committed during the past authoritarian regime (1976-1983). This study examines in-depth the factors that allowed for those advances. It highlights the role of victims, human rights groups, and their advocates in demanding justice for gross human rights violations perpetrated by an alliance of economic and state actors involved in them. It considers the role institutional innovators within the judicial realm played to advance these demands, translating them into legal actions. This combination of forces ‘from below’ has made Argentina a leader in corporate accountability, capable of overcoming barriers posed by a powerful veto by the business sector. Not all from below processes advance victims’ rights, however. Using an original database of cases, the article develops an Archimedes' Lever approach for explaining how cases move along an accountability continuum. Specifically, in the right context and with the right tools, even relatively weak victims in the Global South can lift the weight of corporate accountability. The article concludes by highlighting the tools that are transferable to other country contexts.
KW - Argentina
KW - Transitional justice
KW - corporate accountability
KW - human rights
KW - institutional innovators
KW - veto players
UR - http://www.scopus.com/inward/record.url?scp=85124300825&partnerID=8YFLogxK
U2 - 10.1080/13642987.2022.2027764
DO - 10.1080/13642987.2022.2027764
M3 - Article
AN - SCOPUS:85124300825
SN - 1364-2987
VL - 26
SP - 1418
EP - 1454
JO - International Journal of Human Rights
JF - International Journal of Human Rights
IS - 8
ER -