Catch Me If You Can: Post-Daimler Transnational Litigation
Queen Mary Law Journal Vol. VI (2015)
36 Pages Posted: 22 May 2015 Last revised: 13 Nov 2019
Date Written: December 20, 2014
This article analyzes the recent jurisprudential developments on human rights violations involving corporations, in particular in the aftermath of the US Supreme Court decision in the case Daimler AG v. Bauman (2014). Often, Western corporations move their subsidiaries or productions to Global South countries where the rule of law is arguably weak. Even more frequently, however, Western countries have failed to provide adequate judicial and other remedies for human rights violations involving their own companies and subsidiaries in their operations abroad. On this note, in recent years, the US Supreme Court has halted cases of human rights violations on jurisdictional grounds, through limitations to subject matter jurisdiction and general jurisdiction. This article analyzes the Court's reasoning and envisions how transnational litigation in the field of business and human rights might look like in the future. In addition, the alternative experiences in England and Australia are also discussed. In light of the US, English and Australian reluctant approaches to corporate liability, we invite the states to reflect on their own obligation to protect human rights from violations involving companies, and to provide judicial and other remedies regarding extraterritorial operations of companies.
Keywords: human rights violation, transnational litigation, corporate responsibility, Daimler v. Bauman
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