Four Farmersʼ Expedition: A Review of the Shell Case
WIAS Bulletin 2022 早稲田大学高等研究所紀要 full text can be accessed at https://www.waseda.jp/inst/wias/news-en/2022/03/31/9504/
Posted: 8 Apr 2022
Date Written: April 1, 2022
The paper discusses the recent Dutch decision against the Shell group in respect of its liabilities for causing a few oil spillages in the Nigeria Delta region. It reviews the legal issues raised during the litigations, for instance, choice of forum, jurisdiction, and choice of law. It then notes that this high-profile case has led to further debate in questions regarding judicial activism, delayed justice, and the intervention of NGOs. These aspects need to be thoroughly examined in order to fully evaluate the potential cross-border impacts for cases of like nature in the near future.
Keywords: Tort litigation; private international law; jurisdiction; choice of law
JEL Classification: K33, K41
Suggested Citation: Suggested Citation