Transnational Corporate Liability for Environmental Damage and Climate Change
Reassessing Access to Justice afterVedantav.Lungowe
Bibliographic Data
| ID | 4610173 |
|---|---|
| Authors | Samvel Varvastian (0009-0002-4645-721X, Cardiff University, corresponding author), Felicity Kalunga (Cardiff University) |
| Year | 2020 |
| Volume | 9 |
| Issue | 2 |
| Pages | 323-345 |
| Publication date | 2020-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2047102520000138 |
| OpenAlex | W3024234705 |
| Language | EN |
| Citations received | 5 |
| References cited | 35 |
On 10 April 2019 the Supreme Court of the United Kingdom delivered judgment in the case ofVedantav.Lungowe, which concerned the liability of an English company for environmental damage caused by its subsidiary in Zambia. The decision confirms that English parent companies can owe a duty of care to foreign claimants affected by operations of their subsidiaries abroad and that the English courts may have jurisdiction to hear such cases, even when a foreign court is a more appropriate place for the trial. It establishes an important precedent for providing access to justice for foreign claimants in transnational corporate liability litigation. Given the global presence of English companies and the fact that their foreign subsidiaries have been involved in multiple cases of environmental damage in the host states, the decision could give an impetus to future claims being brought in the English courts. Also, the decision opens some interesting possibilities for climate change liability litigation against English parent companies and their foreign subsidiaries, as their cumulative greenhouse gas emissions are likely to be considerably higher than when taken separately, arguably making prospective claims against them more viable
Business · Corporate liability · Duty of care · Economic Justice · Jurisdiction · Legal liability · Liability · Multinational corporation · Parent company · Political science · Subsidiary · Supreme court · Corporate Law and Human Rights · Environmental law and policy · International Environmental Law and Policies · Law
Transnational Environmental Law in a Transformed Environment
A relational analysis of enterprise obligations and carbon majors for climate justice
Responsibilities for Climate Damage within Borders
Mandatory due diligence laws and climate change litigation
Transversal Harm, Regulation, and the Tolerance of Oil Disasters
The climate responsibilities of industrial carbon producers
Tracing anthropogenic carbon dioxide and methane emissions to fossil fuel and cement producers, 1854–2010
Writing about impunity and environment
The State of the Netherlands v. Urgenda Foundation
Attribution of extreme weather and climate‐related events
Attributing ocean acidification to major carbon producers
Assessing ExxonMobil’s climate change communications (1977–2014)
Attributing human mortality during extreme heat waves to anthropogenic climate change
The Duty of Care of the Parent Company
Corporate Liability Under the US Alien Tort Statute
Lessons from the Samarco Disaster 1
Writing about impunity and environment
Climate change and environmental justice
Overcoming the Corporate Veil Challenge
The Betrayal of Human Rights and the Urgency of Universal Corporate Accountability
Transnational Climate Litigation
Litigating Extraterritorial Nuisances under English Common Law and UK Statute
Establishing a Governmental Duty of Care for Climate Change Mitigation
Domestic Courts and the Paris Agreement's Climate Goals
Climate Litigation in the Global South
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,83 |
| Citation span | 2020 - 2023 (4) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |