{"title":"Broken English: a critique of the Dutch Court of Appeal decision in Four Nigerian Farmers and Milieudefensie v Shell","authors":"L. Roorda","doi":"10.1080/20414005.2021.1937447","DOIUrl":null,"url":null,"abstract":"ABSTRACT In 2021, a Dutch Court of Appeal was the first court to hold that the parent company of a transnational corporate group incurred a duty of care to victims in a third state, who had been harmed by activities of the company’s subsidiary. While this signals significant progress for the movement towards more accountability of parent companies, and better prospects for remedies for victims, the decision is in some respects also a missed opportunity. This contribution examines the decision from a transnational law perspective, provides a critique of how the Court of Appeal misconstrues relevant English precedent, and discusses the public dimensions of this decision and cases like it.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"12 1","pages":"144 - 150"},"PeriodicalIF":0.0000,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2021.1937447","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2021.1937447","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT In 2021, a Dutch Court of Appeal was the first court to hold that the parent company of a transnational corporate group incurred a duty of care to victims in a third state, who had been harmed by activities of the company’s subsidiary. While this signals significant progress for the movement towards more accountability of parent companies, and better prospects for remedies for victims, the decision is in some respects also a missed opportunity. This contribution examines the decision from a transnational law perspective, provides a critique of how the Court of Appeal misconstrues relevant English precedent, and discusses the public dimensions of this decision and cases like it.
期刊介绍：
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.
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