Tort Litigation Against Transnational Corporations by Ekaterina Aristova | 2024

Tort Litigation Against Transnational Corporations by Ekaterina Aristova | 2024

Overview of Tort Litigation against Transnational Corporations:

• Offers a renewed perspective on jurisdictional rules in corporate human rights litigation and the neutrality of private international law.  
• Provides an in-depth analysis of the discussions on parent company liability and the challenges of regulating cross-border business activities.  
• Focuses on the significant UK Supreme Court rulings in Lungowe v Vedanta and Okpabi v Shell, exploring the broader impact of Brexit.  
• Incorporates comparative insights through the examination of case law from Australia, Canada, EU Member States, and the US.

Description of Tort Litigation against Transnational Corporations:

The text discusses the growing trend of private legal claims against parent companies of multinational corporations, alleging their involvement in human rights and environmental violations committed abroad. These cases are part of a broader international effort to enhance responsible business practices, with their success hinging on the rules that govern domestic courts' authority to adjudicate such disputes. However, the territorial focus of judicial jurisdiction often clashes with the transnational nature of business activities in a globalized world.

To address this issue, "Tort Litigation against Transnational Corporations" explores three key questions: First, to what extent can English courts, under current regulations, assert jurisdiction over both an English parent company and its foreign subsidiaries as co-defendants? Second, is England an appropriate venue for resolving transnational human rights claims? And finally, should the jurisdictional reach of English courts be expanded through a new connecting factor based on the 'economic enterprise' theory?

Although the book is written from the perspective of English law, it also references similar claims in other jurisdictions to enrich the discussion. It provides a fresh perspective on the business and human rights discourse by situating parent company liability cases within the broader debate about the evolving role of private international law in a globalized world.

Contents of Tort Litigation against Transnational Corporations:

1:Introduction
2:TNCs Under National Law: Regulatory Challenges and Opportunities
3:The Role of FDL Claims in Strengthening Corporate Accountability for Human Rights Violations
4:Jurisdiction of English Courts in FDL Claims: Status Quo and Recent Developments
5:The Application of Private International Law to FDL claims
6:Private and State Interests in FDL Claims
7:The Viability of the 'Economic Enterprise' Theory for the Adjudication of FDL Claims
8:Conclusion

About the author(s):

Dr. Ekaterina Aristova, a Leverhulme Early Career Fellow at the Bonavero Institute of Human Rights at the University of Oxford, is a co-editor of both "Civil Remedies and Human Rights in Flux" (2022) and "Civil Liability for Human Rights Violations: A Handbook for Practitioners" (Bonavero Institute for Human Rights, 2022). She has consulted on various research projects aimed at enhancing corporate accountability for human rights abuses, including work for the United Nations. Before embarking on her academic career, Dr. Aristova practiced corporate law at a prominent international law firm and leading investment firms.

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