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In Nevsun Resources Ltd. v. Araya, a Canadian company which developed a mine in Eritrea through its subsidiaries was sued by Eritrean refugees for human rights abuses such as forced labor, torture, slavery, crimes against humanity, and cruel, inhuman, or degrading treatment. The Supreme Court of Canada did not exclude the corporation’s direct liability under customary international law. Multinational companies based in Japan can also be sued for human rights abuses committed by their subsidiaries. This article focuses on Nevsun Resources Ltd. v. Araya in order to explore the possibility of Japanese courts applying customary international law which imposes civil liability on corporations for human rights abuses. This article also focuses on the possibility of indirectly applying international treaties regarding human rights under the public order clause in private international law. |
