Applicable Law In Claims For Damage Arising Out Of Unsafe Working Conditions: The Case Of Begum V Maran

Abstract

This article explores the issue of applicable law in cross-border negligence claims for damage arising out of unsafe working conditions. While there are special rules relating to environmental damage, no such equivalent exists for damage arising out of unsafe working conditions. Yet, such cases represent a significant subset of business and human rights claims. Through an analysis of the case of Begum v Maran¸ this article explores how the application of the lex damni under Article 4(1) Rome II allows transnational corporations to opt into a potentially more lenient liability regime by offshoring or outsourcing corporate activity. In response, the article suggests that in negligence claims for damage arising out of unsafe working conditions, the claimant should have a choice between the lex damni and the lex delicti.

Keywords: Business and Human Rights, Choice of Law, Supply Chain Governance, Labour Standards, Private International Law