Substantive dimension of the integrated approach to remedy

The point of departure for Chapter Eight is the observation that hybrid responsibility is divided between two levels: the level of international law (direct international responsibility of the state) and the level of domestic law (indirect international responsibility of the corporation). It highlights difficulties of decentralized implementation, as different actors’ contributions to abuses may be evaluated in a variety of fora, including domestic and international courts, National Contact Points, national human rights institutions, and arbitration proceedings. The chapter advocates an integrated approach to remedy, aimed at optimizing the protection available to individuals under international human rights law. It situates its normative basis in the state duty to provide effective remedy enshrined in numerous human rights treaties and reflected in international custom, which has evolved from the general duty to provide full reparation for internationally wrongful acts. The chapter then examines the approach’s substantive dimension, setting the parameters for reparations available to victims. These include the primacy of restitution wherever possible, the pursuit of both private and public interest objectives, and, in certain cases, the imposition of punitive sanctions.