Foreign Direct Liability and Beyond - Exploring the Role of Tort Law in Promoting International Corporate Social Responsibility and Accountability

Eleven International Publishing, 2012

758 Pages Posted: 28 Jan 2013

See all articles by Liesbeth F.H. Enneking

Liesbeth F.H. Enneking

Erasmus School of Law; Utrecht University - Utrecht Centre for Accountability and Liability Law

Date Written: May 11, 2012

Abstract

Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused to people and planet abroad. 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, environmental and labour norms perpetrated abroad raises interesting and complex issues.

This study sets out the legal and socio-political framework of this particular type of transnational civil litigation and traces the role that Western society systems of tort law may play in promoting international corporate social responsibility and 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.

Keywords: Foreign direct liability, Business & human rights, Corporate social responsibility, Tort law

JEL Classification: K13, K32, K33, M14

Suggested Citation

Enneking, Liesbeth, Foreign Direct Liability and Beyond - Exploring the Role of Tort Law in Promoting International Corporate Social Responsibility and Accountability (May 11, 2012). Eleven International Publishing, 2012. Available at SSRN: https://ssrn.com/abstract=2206836

Liesbeth Enneking (Contact Author)

Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Utrecht University - Utrecht Centre for Accountability and Liability Law ( email )

Janskerkhof 12
Utrecht, 3512 BL
Netherlands
+31302537196 (Phone)

HOME PAGE: http://www.uu.nl/leg/staff/LFHEnneking/0

Register to save articles to
your library

Register

Paper statistics

Downloads
347
rank
83,802
Abstract Views
1,096
PlumX Metrics