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

See all articles by Alexandra Andhov

Alexandra Andhov

University of Copenhagen - Faculty of Law; University of Copenhagen - Centre for Private Governance (CEPRI)

Thiago Amparo

Central European University, Students

Date Written: December 20, 2014

Abstract

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

Suggested Citation

Andhov, Alexandra and Amparo, Thiago, Catch Me If You Can: Post-Daimler Transnational Litigation (December 20, 2014). Queen Mary Law Journal Vol. VI (2015), Available at SSRN: https://ssrn.com/abstract=2608454

Alexandra Andhov (Contact Author)

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

University of Copenhagen - Centre for Private Governance (CEPRI) ( email )

Karen Blixens Vej 16
Copenhagen, 2300
Denmark

Thiago Amparo

Central European University, Students ( email )

Budapest
Hungary

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