Bridging the business–human rights divide: the multi-dimensional dynamics of transnational access to justice in mass tort litigation

Abstract In response to the paradigm shift from territorial corporations to globalized businesses, calls for access to justice increasingly transcend national borders, exacerbated by a substantial inequality of arms in mass tort litigation. Recognizing its interdisciplinary significance and complexity, this article engages in a multi-dimensional analysis of access to justice within the business and human rights (BHR) framework, examining international initiatives, regional developments, and mass tort litigation against multinational corporations. Focussing on judicial innovations by English courts while highlighting the enduring barriers faced by claimants, it anticipates a potential ‘siphon effect’ in forum competition, with implications for victims, multinational businesses, and courts in both home and host states. By integrating doctrinal, normative, and pragmatic perspectives, the article frames access to justice both as a constellation of rights to fair dispute resolution and remedies expressly protected under human rights law, and as a core element of the evolving BHR landscape.