National:
Stop corporate pre-emption

Implement regulations through national legislation that stop polluting corporations from attempting to pre-empt being brought to justice or to abuse processes meant to uphold justice.

What does this look like?

• Adopt and enforce safeguards against any abuse of rules such as those pertaining to prescription and amnesty, among others that fosters or contributes to impunity.[1][2]

  • Prescription – either of prosecution or penalty - in judicial, administrative, and other cases should not occur for periods that render no effective remedy available.

  • Prescription should not apply to crimes under international law that are by their nature imprescriptible. When it does or must apply, prescription should not be effective against civil or administrative actions brought by victims seeking reparation for their injuries.

• Stop attempts by polluting corporations to avoid justice and fair trials, such as:

  • Appealing to move legal claims to parts of the judicial system that favour a corporation.

  • Countersuing.

  • Granting the same (or greater) privileges to the committer of crimes as those that the crimes are committed toward.

• Incorporate pre-emption clauses for international litigation.

  • Through legislation or litigation, ensure that the corporation being held liable is not able to pre-empt further or future liability actions from governments and/or victims at the sub-national level.

  • Adopt provisions that allow for the implementation of strict liability regimens, especially for environmental litigation cases.[3]

  • Adopt constitutional reforms that allow the inclusion of nature rights and environmental rights.

    • All action taken to protect the rights of nature must reinforce and support the rights of people, local communities (including peasants, fisherfolk, nomadic, and rural peoples), Indigenous peoples, and collective rights.