The forum of necessity and international access to justice in the face of human rights violations by private economic agents

Abstract

The right to access to justice is one of the human rights that has prompted a reconsideration of legal branches, including Private International Law. This work aims to expose how the right to access to justice repositions this field, putting on the agenda the opportunity to regulate the forum of necessity as a last resort for accessing justice. Specifically, this situation will be addressed in the relationship between companies and human rights, that is, the link between the regulation of economic actors in their transnational operations and the respect for human rights. To do so, firstly, we will analyze access to judicial systems, particularly the situation of companies and human rights. Secondly, we will explore the regulation of the forum necessitatis in the European Union and Latin America, focusing on Spanish and Argentinian law. Finally, the argument is put forward to consider the possibility of strategic use in regulating the forum of necessity, and the institute is justified with reference to case law.