Stemming the Flow of Corporate Human Rights Abuses: Incorporating the Ruggie Report in the Common Law Doctrine of Foreign Judgment Enforcement

37 Pages Posted: 18 Aug 2015  

Erin Carr

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: 2013

Abstract

The eminent case of Aguinda v. Chevron Corporation, currently in its twentieth year of litigation, represents a growing phenomenon in international commercial litigation between multinational corporations and victims of human rights abuse from developing nations. In 2011 Aguinda awarded approximately US $18 billion against Chevron for extreme environmental and human rights abuse from oil contamination in the Amazon region of Ecuador. Chevron has removed its assets from Ecuador’s jurisdiction leaving the plaintiffs without remedy.

This paper traces Aguinda to Canada where the plaintiffs’ action in Yaiguaje to enforce the judgment to satisfy their debt is stayed. This paper critiques this decision of the Ontario Superior Court of Justice as being unprincipled and failing to consider the wider implications of its decision on the struggle for developing nations to remedy human rights abuses by multinational corporations.

This paper argues that the common law doctrine of foreign judgment enforcement must evolve to reflect the needs of modern society. The paper does this by incorporating the “Protect, Respect and Remedy: A Framework for Business and Human Rights” report released by the United Nations in 2011.

Keywords: human rights, doctrine of foreign judgment enforcement, corporate crime, multinational corporations

JEL Classification: K1, K14, K22, K33, K42

Suggested Citation

Carr, Erin, Stemming the Flow of Corporate Human Rights Abuses: Incorporating the Ruggie Report in the Common Law Doctrine of Foreign Judgment Enforcement (2013). Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 26. Available at SSRN: https://ssrn.com/abstract=2645424

Erin Carr (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, 6140
New Zealand

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