Aansprakelijkheid via 'Foreign Direct Liability Claims' - Den Haag is Weer Even De 'Legal Capital of the World'

Abstract

There is an international trend towards civil liability claims against parent companies of multinational corporations for damage caused to people and planet in host countries. The district court in The Hague recently assumed jurisdiction over claims by two Nigerian farmers and the Dutch NGO Milieudefensie against two Shell companies. This is a significant case, due also to the fact that these transnational civil liability procedures against multinational corporations are set within the broader socio-political context of international corporate social responsibility and accountability. It seems likely that in this Dutch procedure against Shell the boundaries of the law as it exists will be explored.

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

JEL Classification: K13, K41, K42, M14