Okpabi and Others V Royal Dutch Shell Plc and Another [2021] Uksc 3

Hopkins, Samantha; O'Kelly, Ciarán; Hackett, Ciara; Patton, Clare

doi:10.2139/ssrn.3795295

Cited by 2 publications

(2 citation statements)

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“…The key issue in the case was whether Royal Dutch Shell (RDS), as the parent corporation, was liable for the oil spill as a result of negligence on the part of its subsidiary -Shell Petroleum Development Company of Nigeria (SPDC). The Supreme Court reversed the earlier judgement given by the Appeal Court and held that in that case, the duty of care of the parent should be assessed in accordance with general tort principles [3]. Another case involves three oil leakages in the Niger Delta.…”

Section: Environmental Pollutionmentioning

confidence: 99%

Parent Companies Liability: Possible Solutions to the Illegal Acts of Their Overseas Subsidiaries

Chen

2024

AEMPS

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Multinational enterprises (MNEs) have a significant impact on the economy, politics and other aspects of host states. Due to the imbalanced development between countries and profit-oriented capital, the rights and interests of host states and their citizens may be infringed by the illegal acts of MNEs subsidiaries. Although there have been some solutions which are relatively agreed among countries on such cases by now, the specific rules for recognizing liability are still contradictory and uncertain, resulting in victims not being able to receive adequate and effective remedies. Based on this, through researching judicial practices, analyzing specific cases in different countries, and investigating the issue of parent companies liability for the wrongdoings conducted by their overseas subsidiaries, factors for the courts to consider when hearing relevant cases can be identified. Suggestions on the allocation of the burden of proof can also be put forward, aiming to provide a feasible path for host states to enhance protection of the rights and interests of their own countries.

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Section: Environmental Pollutionmentioning

confidence: 99%

Parent Companies Liability: Possible Solutions to the Illegal Acts of Their Overseas Subsidiaries

Chen

2024

AEMPS

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“…Furthermore, this case seems to highlight the series of barriers claimants face in seeking accountability for corporate human rights and environmental impacts, such as causal links. Beyond this, claimants will often spend decades battling jurisdictional barriers in the home-states of the corporations that have caused or contributed to the environmental harm which has interfered with their rights, as in the cases of Vedanta Resources PLC and another v Lungowe and Others [142], and Okpabi and others v Royal Dutch Shell Plc [143,144].…”

Section: Climate Litigationmentioning

confidence: 99%

Towards a Business, Human Rights and the Environment Framework

et al. 2022

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The relationship between human rights and the environment has been on the international policy and scholarly agendas for over two decades. Equally, the dynamics between business activities and corporations’ working methods and their impact on human rights have been developing at the policy and legal levels. However, within these developments there has been limited consideration of the environment in the context of adverse corporate impacts and their human dimensions, which have been approached in an ad-hoc and piecemeal manner. This Special Issue exposes the advances and deficiencies in the theoretical and practical integration of human rights and the environment within the business and human rights framework, as well as the role and impact of greater integration for achieving positive social and environmental change. In this editorial to the special issue of Sustainability on Business, Human Rights, and the Environment, we set the stage to push forward the development of an integrated and coherent theoretic Business, Human Rights, and Environment framework and its international legal implementation which places the needs of the people and the planet at its core.

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Okpabi and Others V Royal Dutch Shell Plc and Another [2021] Uksc 3

Cited by 2 publications

References 4 publications

Parent Companies Liability: Possible Solutions to the Illegal Acts of Their Overseas Subsidiaries

Parent Companies Liability: Possible Solutions to the Illegal Acts of Their Overseas Subsidiaries

Towards a Business, Human Rights and the Environment Framework

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