Tort Litigation against Transnational Corporations
Oxford University Press

Tort Litigation against Transnational Corporations

Subjects: Law, Private international law & conflict of laws
ISBN13: 9780192868138
Published: 09 May 2024

Format - Hardback
By Aristova, Ekaterina

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Regular price A$233.05
Sale price A$233.05 Regular price A$240.26

Tort Litigation against Transnational Corporations

Regular price A$233.05
Sale price A$233.05 Regular price A$240.26
Product description

There is an emerging trend of private claims being brought against parent companies of transnational corporations for their alleged involvement in human rights and environmental abuses committed abroad. These cases form part of an international effort aimed at strengthening responsible business conduct, the success of which depends on the rules governing domestic courts' power to adjudicate disputes. However, in an increasingly globalised environment, the
territorial focus of the adjudicative jurisdiction is often contrary to the transnational nature of the business activities.To address this puzzle, Tort Litigation against Transnational
Corporations seeks to answer three questions: Firstly, to what extent can English courts, under existing rules, exercise jurisdiction over an English parent company and its foreign subsidiaries as co-defendants? Secondly, is England a suitable forum for deciding transnational human rights claims? And, finally, should the jurisdictional competence of the English courts be broadened through a new connecting factor derived from the 'economic enterprise' theory?While
the book is written from the perspective of English law, it also draws on examples of similar claims in other jurisdictions to broaden the discussion. It offers a new angle to the business and human rights
discourse by placing the discussion of parent company liability cases in the context of the topical debate about the changing role of private international law in a globalised world.

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