Foreign Direct Liability Claims in Sweden: Learning from Arica Victims KB v. Boliden Mineral AB?

2014 ◽  
Vol 83 (4) ◽  
pp. 404-438 ◽  
Author(s):  
Rasmus Kløcker Larsen
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
Environmental Damage ◽  
Access To Justice ◽  
Legal Basis ◽  
Applicable Law ◽  
Court Action ◽  
Environmental Damages ◽  
Liability Claims ◽  
Parent Companies

On 12 September 2013 what may be the first foreign direct liability claim in Sweden was filed in the County Court of Skellefteå, a court action reflective of a growing wave of civil liability suits in European jurisdictions to hold transnational corporations accountable for human rights violations and environmental damages. This article examines the feasibility of foreign direct liability claims in Sweden, focusing on enabling conditions with regards to jurisdiction, collision rules and applicable law, substantial legal basis, procedural and practical circumstances, and the theories by which parent companies can be held liable for negligence in supervising acts of subsidiaries and contractors. It is demonstrated that foreign direct liability claims on environmental damage are indeed possible in Sweden, albeit with considerable constraints, primarily of a procedural and financial character. The conclusion provides some cautious remarks on the merits of the claim against Boliden and the reform options available to a Swedish government committed to improving the access to justice for victims of violations perpetuated by Swedish companies, their subsidiaries and contractors.

Achieving Access to Justice in a Business and Human Rights Context

2022 ◽  
Author(s):  
Virginie Rouas
Keyword(s):  
Human Rights ◽  
Multinational Enterprises ◽  
Environmental Damage ◽  
Access To Justice ◽  
Due Diligence ◽  
Corporate Accountability ◽  
Human Rights Abuses ◽  
Business And Human Rights ◽  
Starting Point ◽  
Parent Companies

Multinational enterprises (MNEs) can contribute to economic prosperity and social development in the countries where they operate. At the same time, their activities may directly or indirectly cause harm to humans and to the environment. However, MNEs are rarely held accountable for their involvement in human rights abuses and environmental damage. In recent years, activists have challenged corporate impunity by introducing innovative claims seeking to hold parent companies directly liable for the harm caused by their group’s activities. They have also strategically used this type of litigation to trigger corporate accountability reforms at international, regional, and national levels. Using national litigation experiences as a starting point and focusing on European civil-law countries, the book evaluates the extent to which litigation against MNEs has been effective in achieving access to justice and corporate accountability. It also considers whether ongoing regulatory developments, such as the adoption of mandatory human rights due diligence norms and the negotiations for a business and human rights treaty, can contribute to the realisation of access to justice and corporate accountability in the future.

scholarly journals Introduction

2020 ◽  
pp. 25-29
Author(s):  
Nerea Magallón Elósegui
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
Access To Justice ◽  
Coercive Power ◽  
Political Rights ◽  
Host Countries ◽  
Adequate Response ◽  
Civil And Political Rights ◽  
Business Structures ◽  
Liability Claims

Liability claims against transnational corporations before the courts are one of the possible steps to take towards ensuring respect for human rights in their conduct of business in third States. As stated in Article 8 of the Universal Declaration of Human Rights and in Article 2 of the International Covenant on Civil and Political Rights, access to justice is a fundamental right. However, the human rights violations committed by corporations have an irretrievable connection with denial of justice. The existing order does not provide an adequate response, as ‘governability gaps’ and the scope of influence of companies escape the regulatory and coercive power of the State of origin. The host countries’ lack of capacity or will to ensure that companies operating in their territory respect human rights; the absence of effective judicial systems; and the legal obstacles created by complicated business structures all lead to the need for complementary, more regularised business behaviour at the operational level.Published online: 30 September 2020

Human Rights Litigation against Multinationals in Practice

2021 ◽  
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
Collective Actions ◽  
Human Rights Abuses ◽  
Applicable Law ◽  
Business And Human Rights ◽  
Global North ◽  
Formed Part ◽  
Parent Companies

This book reviews the current position in this field, which has developed over the past 25 years, designed to hold multinationals to account, legally, for human rights abuses in the Global South. The authors are practising lawyers who have litigated and led prominent cases of legal significance in this field. Although the focus is on the Global North, where most of the cases have been brought—United Kingdom, United States, Canada, Australia, France, Netherlands, and Germany—there is also a chapter on South Africa. The cases cited include claims against parent companies for harm caused by subsidiary operations, claims for corporate complicity in violations perpetrated by States, and claims arising in a supply chain context. Whilst other books have included consideration of the legal aspects of many of the cases, the focus here is on the interrelated strategic and practical, as well as legal, considerations on which viability and prospects of success depend. In addition to questions of jurisdiction, applicable law, and theories of liability, obstacles to justice concerning issues such as access to information, collective actions, witness protection, damages and costs, and funding regimes (including a specific chapter on litigation funding), and issues relating to public pressure and settlement, are discussed. Although most of the authors act for victims, there is a substantial chapter providing the perspectives of business. Since this area of litigation has developed concurrently with, and has formed part of, the rapidly mushrooming field of business and human rights, the contextual relevance of the UNGPs is considered.

scholarly journals Derechos humanos y empresas transnacionales: las debilidades del tercer pilar derivadas de las normas de promoción de inversiones. El caso Chevron como paradigma de la necesidad del Binding Treaty | Human rights and transnational corporations: the weaknesses of the third pillar caused by investment promotion agreements. The Chevron case as a paradigm of the need for a Binding Treaty

2019 ◽  
pp. 113
Author(s):  
Adoración Guamán
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
Access To Justice ◽  
International Level ◽  
Investment Promotion ◽  
The Third ◽  
Derechos Humanos ◽  
Full Effect ◽  
Transnational Companies ◽  
The Republic

RESUMEN. El texto se centra en la necesidad de desarrollar normas internacionales vinculantes que aseguren el respeto por parte de las empresas transnacionales respecto de los derechos humanos, que pongan fin a la impunidad de estos actores económicos, así como para garantizar el acceso a la justicia para las víctimas y la reparación de las violaciones. Al analizar el caso de Chevron, el texto refleja que, si bien existen diferentes iniciativas a nivel internacional destinadas a alentar a las empresas transnacionales a comportarse de manera respetuosa con los derechos humanos, estas iniciativas siguen siendo insuficientes, ya sea por su falta de obligatoriedad o por su carácter parcial, dado que siguen dependiendo de la voluntad de estos actores económicos transnacionales. El caso Chevron y los laudos recaídos a lo largo del proceso arbitral de la empresa contra la República del Ecuador, muestran una paradoja alarmante: ciertos derechos, como el acceso a la justicia, diseñados para proteger los derechos humanos en su conjunto se están utilizando para salvaguardar los beneficios de determinadas empresas trasnacionales. Este caso, junto con muchos otros crímenes corporativos, apoya la idea de que el proceso de la Resolución 26/9, el llamado Binding Treaty, es actualmente el único que puede garantizar el acceso a la justicia y los recursos para las víctimas.   ABSTRACT. The text is focus on the need to develop internationally binding standards on transnational corporations and human rights in order to bring their impunity to an end, as well as ensuring access to justice for the victims and the reparation of the consequences. By analysing the Chevron case, the text reflects that although there are different initiatives at international level aimed at encouraging transnational companies to behave respectfully, these initiatives continue to be insufficient, either because of their lack of obligation or because of their partial nature, dependent on the voluntariness of these transnational economic actors. The Chevron case and the arbitration awards adopted during the arbitration proceedings against the Republic of Ecuador show an alarming paradox: certain rights, such as access to justice, designed to protect human rights as a whole, are being used to full effect to safeguard the profits of economic entities. This case, together with many other crimes, supports the idea that the process of Resolution 26/9, the so called Binding Treaty, is currently the only one potentially capable of ensuring the access to justice and remedies to victims.

scholarly journals Transnational Human Rights Litigation

2020 ◽  
Vol 4 (2) ◽  
pp. 57-77
Author(s):  
Angela Lindt
Keyword(s):  
Human Rights ◽  
Social Movements ◽  
Transnational Corporations ◽  
Global South ◽  
Social Costs ◽  
Environmental Damage ◽  
Legal Cases ◽  
Legal Proceedings ◽  
The Individual

In recent years, various transnational corporations (TNCs) have faced legal proceedings in their home states for human rights violations and environmental damage committed abroad. These transnational lawsuits are an attempt to overcome corporate impunity and establish transnational chains of responsibility. At the same time, the individual legal cases are marked by procedural and legal hurdles and may entail the risk of social costs for claimants. In this article, I explore what such transnational lawsuits can contribute from the perspective of social movements in the Global South. Taking the Monterrico case from Peru as an example, I discuss the expectations of human rights lawyers in such cases and the relevant legal mechanisms. By focusing on out-of-court settlements, I argue that, from the perspective of the Global South actors involved in the case study, adjudication and the related judicial practices are fundamental to making the law effective.

scholarly journals KONFIGURASI UUD 1945 DAN AMANDEMEN UUD 1945 HASANUDDIN HASIM

2017 ◽  
Vol 1 (1) ◽  
pp. 67-82
Author(s):  
Hasananuddin Hasan
Keyword(s):  
Human Rights ◽  
Time Change ◽  
The State ◽  
Legal Basis ◽  
State Institutions ◽  
Applicable Law ◽  
Old Order ◽  
Unitary State ◽  
Legislative Body

The Constitution is the legal basis of state owned by each State. Indonesia as a unitary state in the form of a republic and the State of law is concerned with all aspects of the problem with the applicable law, the constitution in this case the 1945 Constitution as the basis of the state of Indonesia becomes the norm of normality at any time change, Indonesia since 1945 until now has made changes in the amendment form to the 1945 Constitution in 1999-2002, this change is due to the 1945 Constitution or the old order is no longer appropriate with the development at that time. The amendment results provide the legal configuration of law within the State of Indonesian law, and its value: to reduce the power of the State's establishment, to strengthen the legislative body, to promote human rights, to complement State institutions and to improve the 1945 Constitution in terms of literal, grammatical, historical, sociological, socio-historical, futuristic, holistic, thematic to systematic-thematic holistic.

scholarly journals Human Rights and Global Environment

2021 ◽  
Vol 4 (2) ◽  
pp. 105-113
Author(s):  
Flora Pricilla Kalalo
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Indigenous Peoples ◽  
Environmental Damage ◽  
Legal Basis ◽  
Right To Life ◽  
Human Right ◽  
Healthy Life ◽  
Healthy Environment ◽  
The Right

Human rights and the environment are interconnected and mutually reinforcing. The concern of a group of people for the environment is not enough because changes in an environment have an impact not only locally, but often globally. Therefore it can be said that in countries where there are many violations of human rights, environmental damage often occurs. What happened then was that the human right to have a healthy life (the right to a healthy environment) was violated or sidelined. In addition, development that is not controlled can result in human rights being violated. Regulations regarding human rights are not entirely related to environmental protection. However, if you pay attention, there are several articles in some of these provisions that can be used as a legal basis for taking various actions aimed at protecting the environment. On the other hand, regulation of environmental protection at the same time means respect for human rights, especially with regard to issues of the right to life, health problems, disturbance of their property to respect for indigenous peoples' rights.

The Question of the Applicable Law in Cross-Border Claims on Product Liability: Reflections from India

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Saloni Khanderia
Keyword(s):  
Autonomous Vehicles ◽  
Critical Evaluation ◽  
Product Liability ◽  
Access To Justice ◽  
Uniform Rule ◽  
Private International Law ◽  
Applicable Law ◽  
Cross Border ◽  
Liability Claims ◽  
Conflict Of Law

Abstract The blurring of international barriers has impacted the nature and complexity of tortious claims and, in particular, those concerning product liability. Products manufactured in one country are often sold or used in another State – and there is often a separation in time and space between the occurrence of the harmful behaviour the resultant injury. For this reason, countries across the globe have increasingly considered it inappropriate to subject such claims to the same mechanism to identify the governing law that applies to other tortious claims of different nature such as negligence, nuisance or defamation. The EU, the UK, Australia, Canada, and India’s BRICS partners – Russia and China – are examples of legal systems that have developed a special conflict of law rules on the applicable law in product liability claims. In contrast, the principles of Indian private international law do not contain any special rule. The applicable law is determined on the basis of a uniform principle that extends to all cross-border disputes on tort. The paper provides a critical evaluation of the mechanism to identify the applicable law in international disputes on product liability. It highlights the predicaments in extending the uniform rule to product liability claims and demonstrates how it debilitates access to justice and is not suitable for disputes that arise from accidents caused by products such as autonomous vehicles, which incorporate new technology. Consequently, the paper suggests workable solutions to develop the Indian conflict-of-law rules on the subject.

scholarly journals Transnational Corporate Liability for Environmental Damage and Climate Change: Reassessing Access to Justice after Vedanta v. Lungowe

2020 ◽  
Vol 9 (2) ◽  
pp. 323-345
Author(s):  
Samvel Varvastian ◽  
Felicity Kalunga
Keyword(s):  
Climate Change ◽  
Duty Of Care ◽  
Environmental Damage ◽  
Access To Justice ◽  
Foreign Subsidiaries ◽  
The United Kingdom ◽  
The Supreme Court ◽  
Global Presence ◽  
Corporate Liability ◽  
Parent Companies

AbstractOn 10 April 2019 the Supreme Court of the United Kingdom delivered judgment in the case of Vedanta v. Lungowe, which concerned the liability of an English company for environmental damage caused by its subsidiary in Zambia. The decision confirms that English parent companies can owe a duty of care to foreign claimants affected by operations of their subsidiaries abroad and that the English courts may have jurisdiction to hear such cases, even when a foreign court is a more appropriate place for the trial. It establishes an important precedent for providing access to justice for foreign claimants in transnational corporate liability litigation. Given the global presence of English companies and the fact that their foreign subsidiaries have been involved in multiple cases of environmental damage in the host states, the decision could give an impetus to future claims being brought in the English courts. Also, the decision opens some interesting possibilities for climate change liability litigation against English parent companies and their foreign subsidiaries, as their cumulative greenhouse gas emissions are likely to be considerably higher than when taken separately, arguably making prospective claims against them more viable.

Unternehmerische Haftung in transnationalen Menschenrechtsfällen

2019 ◽  
Author(s):  
Theresa Görgen
Keyword(s):  
Human Rights ◽  
Civil Law ◽  
German Law ◽  
Transnational Corporations ◽  
Company Law ◽  
Applicable Law ◽  
Business And Human Rights ◽  
Civil Proceedings ◽  
Compensation Claims ◽  
The Impact

Civil proceedings in Germany against the companies KiK and RWE underline the increasing importance of human rights litigation in German law. This thesis examines the liability of transnational corporations in German civil law in human rights violations caused by their subsidiaries and by entities in their supply chain. Firstly, the applicable law in such cases has to be determined. Furthermore, the thesis illustrates the relevant rules in German civil law (especially in tort and company law) that may form a basis for compensation claims by alien victims. One of the study’s main topics is determining the relevant duties of care, especially the impact of the United Nations Guiding Principles on Business and Human Rights on fulfilling this task. Furthermore, the thesis highlights corporations’ liability concerning public statements which relate to their compliance with human rights.

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