Foreign Direct Liability and Beyond
Foreign Direct Liability and Beyond

Author: Liesbeth F. H. Enneking

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9789490947606

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Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused toward people and the planet. These 'foreign direct liability cases' arise against the background of a global governance gap resulting from the rapid globalization of economic actors and activities with no global institutions to manage their worldwide impacts. The increasing reliance on private law mechanisms to realize corporate accountability for violations of human rights, health and safety, and environmental and labor norms perpetrated around the globe raises interesting and complex issues. This study sets out the legal and socio-political framework of this particular type of transnational civil litigation. The book traces the role that Western systems of tort law may play in promoting international corporate social responsibility/accountability. It focuses on the feasibility of bringing foreign direct liability claims before domestic courts in the EU Member States - the Netherlands in particular - and sets out a number of recommendations for European policymakers.

Tort Liability in Multinational Corporate Groups
Tort Liability in Multinational Corporate Groups

Author: Pınar Kara

Publisher: Springer Nature

Published: 2023-06-18

Total Pages: 301

ISBN-13: 3031293363

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Multinational corporate groups are important actors in today’s global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance – to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries’ activities (referred to as ‘foreign direct liability’ in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.

Human Rights in Business
Human Rights in Business

Author: Juan José Álvarez Rubio

Publisher: Taylor & Francis

Published: 2017-01-20

Total Pages: 159

ISBN-13: 1351979159

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Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct.

Foreign Plaintiffs in Products Liability Actions
Foreign Plaintiffs in Products Liability Actions

Author: Warren Freedman

Publisher: Praeger

Published: 1988-03-30

Total Pages: 0

ISBN-13: 0899301894

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This book is directed at practical applications and case law support for invoking forum non conveniens. It begins with a basic discussion of the evolution of the doctrine. The balance of the book is devoted to applying appropriate case law to a variety of situations. Likely opposing arguments, public policy notions, and the relationship of forum non conveniens to jurisdiction and venue are also considered. Virginia Journal of International Law American multinational corporations face a unique problem with regard to products liability litigation instituted by foreign plaintiffs. In many cases, plaintiffs outside the U.S. file suits in U.S. courts despite the fact that the incident on which the suit is based took place in other countries. Such action is often taken because of features peculiar to the U.S. legal system, including the doctrine of strict liability, the availability of contingency fees for attorneys, and the prevalence of large awards to individuals in products liability cases. This informative study by a legal professional and products liability specialist focuses on a doctrine that can lessen liability exposure for multinational corporations. By successfully petitioning the courts under the doctrine of forum non conveniens, corporations may have court proceedings transferred to another jurisdiction, often outside the U.S., which has a direct connection with the incident and where potential liability exposure is greatly reduced. Following an introductory discussion of the evolution of this doctrine, Freedman documents its use with appropriate case law in a wide variety of situations.

The Common Denominator of the Trafigura Case, Foreign Direct Liability Cases and the Rome II Regulation
The Common Denominator of the Trafigura Case, Foreign Direct Liability Cases and the Rome II Regulation

Author: Liesbeth F.H Enneking

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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As part of a current trend towards so-called 'foreign direct liability cases', attempts are being made to hold parent companies of multinational corporations liable in their home countries for damage caused in host countries. This trend, of which the Trafigura case serves as a recent example here, suggests that tort law may have a regulatory part to play when it comes to the transboundary activities of multinational corporations. However, the extent to which tort law can act as a regulatory mechanism is dependent on its applicability, which, in turn, is determined by private international law. The recently adopted Rome II Regulation, which lays down conflict-of-law rules for non-contractual obligations, will only have a limited conducive effect on the feasibility of the regulation through tort law of the transboundary activities of multinational corporations. On the basis of this Regulation, it is only in cases where the resulting damage consists of environmental damage that home country tort law may be applicable. In all other cases, attempts to hold the parent company of the multinational corporation liable for damage caused in the host country will have to be based on the tort law of the host country. This effectively diminishes the feasibility of home country tort law as a mechanism for the regulation of the transboundary activities of multinational corporations.

The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case
The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case

Author: Liesbeth F.H. Enneking

Publisher:

Published: 2014

Total Pages: 11

ISBN-13:

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In January 2013, the The Hague district court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a number of oil spill incidents from SPDC-operated pipelines in the Nigerian Niger Delta. Although the majority of the claims were dismissed, the district court in its ruling did grant one claim that related to spills from an abandoned wellhead, ordering SPDC to pay compensation for the resulting loss. This judgment holds international relevance, as this Dutch Shell Nigeria Case forms part of a worldwide trend towards foreign direct liability cases. Growing numbers of similar lawsuits have been brought before courts in other Western societies, but judgments on the merits have so far remained scarce. The relevance of the case has further increased with the US Supreme Court's April 2013 ruling in the case of Kiobel v. Royal Dutch Petroleum Co., which has significantly limited the scope of the Alien Tort Statute. This article explores the The Hague district court's decision in the Dutch Shell Nigeria Case, and places the case within the socio-legal context of the contemporary trend towards foreign direct liability cases, the international debates on corporate accountability and business & human rights, and the Supreme Court's judgment in the Kiobel-case.

Multinationals and Transparency in Foreign Direct Liability Cases - The Prospects for Obtaining Evidence Under the Dutch Civil Procedural Regime on the Production of Exhibits
Multinationals and Transparency in Foreign Direct Liability Cases - The Prospects for Obtaining Evidence Under the Dutch Civil Procedural Regime on the Production of Exhibits

Author: Liesbeth F.H Enneking

Publisher:

Published: 2014

Total Pages: 0

ISBN-13:

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On 30 January 2013, the The Hague district court rendered a final judgment with respect to a number of civil liability claims against Royal Dutch Shell (RDS) and its Nigerian subsidiary Shell Petroleum Development Company of Nigeria (SPDC) that had been pursued by four Nigerian farmers and the Dutch NGO Milieudefensie in relation to various oil spills from SPDC-operated pipelines in the Nigerian Niger Delta. This case, including the January 2013 ruling by the The Hague district court, is interesting for a number of reasons. One of them is that it forms part of a broader, worldwide trend towards similar civil liability procedures that has come up over the past two decades in Western societies around the world. One of the main characteristics of these so-called 'foreign direct liability cases' is the inequality of arms that typically exists between the host country plaintiffs on the one hand and the corporate defendants on the other when it comes to financial scope, level of organization and access to relevant information. As a consequence, the procedural rules pertaining to the collection of evidence that apply in the forum countries in which they are pursued typically play an important part in these cases. This also means that in countries where the prospects for obtaining evidence in civil procedures are poor, this may add a potentially crucial procedural barrier for host country plaintiffs seeking to pursue foreign direct liability claims that may be difficult to overcome. The main question to be answered in this article is what the prospects are for plaintiffs in Dutch foreign direct liability claims (i.e. foreign direct liability claims pursued before Dutch courts against multinational corporations that are based in the Netherlands) when it comes to obtaining evidence under the Dutch civil procedural regime on the production of exhibits. This question is highly relevant, since the course of the proceedings in the first and (so far) only Dutch foreign direct liability case, the Dutch Shell Nigeria case, suggest that the Dutch procedural regime on the collection of evidence may pose a significant hurdle for plaintiffs seeking to pursue foreign direct liability claims before Dutch courts.

Beyond Human Rights
Beyond Human Rights

Author: Anne Peters

Publisher: Cambridge University Press

Published: 2016-10-27

Total Pages: 645

ISBN-13: 1107164303

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Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.