Full Description
Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused toward people and the planet. These 'foreign direct liability cases' arise against the background of a global governance gap resulting from the rapid globalization of economic actors and activities with no global institutions to manage their worldwide impacts. The increasing reliance on private law mechanisms to realize corporate accountability for violations of human rights, health and safety, and environmental and labor norms perpetrated around the globe raises interesting and complex issues. This study sets out the legal and socio-political framework of this particular type of transnational civil litigation. The book traces the role that Western systems of tort law may play in promoting international corporate social responsibility/accountability. It focuses on the feasibility of bringing foreign direct liability claims before domestic courts in the EU Member States - the Netherlands in particular - and sets out a number of recommendations for European policymakers.
Contents
Preface; Part I Prologue; Introduction 3; Chapter 1 Setting and background; Chapter 2 Methodology and outline; part II Foreign direct liability cases: status quo; Introduction; Chapter 3 The rise and times of foreign direct liability cases; Chapter 4 Legal and practical feasibility further explored; Chapter 5 T he feasibility of Dutch foreign direct liability cases; Chapter 6 Discussion; part III Foreign direct liability cases: perspectives; Introduction; Chapter 7 Foreign direct liability cases in a broader context; Chapter 8 Global business regulation and the law; Chapter 9 Exploring the role of tort law; Chapter 10 Discussion; part IV Epilogue; Conclusion.
