Establishing Liability for Multinational Oil Companies in Parent/Subsidiary Relationships
A number of significant legal challenges impede the attribution of liability to parent corporations for the overseas operations of their subsidiaries. The multinational reach of these entities’ activities raise questions as to which forum is appropriate to hear the case, under which state’s jurisdiction an action may be brought and as to which state’s domestic law should be applied. The elaborate corporate structures exhibited by many multinational corporations (MNCs), which often incorporate holding companies, joint ventures and external contractors, serve to complicate matters still further. The recent case of Akpan & Anor v Royal Dutch Shell plc & Anor dealt with these issues in an environmental context. The case formed part of a class action suit brought by Milieudefensie (Friends of the Earth Netherlands), a Dutch non-governmental organisation (NGO) promoting environmental protection, and four Nigerian farmers. The farmers had all experienced damage to their farmlands and fishing ponds resulting from numerous oil spills across three proximate regions between 2004 and 2007. Akpan, the only successful applicant, is a farmer and fisherman residing in the village of Ikot Ada Udo, Nigeria. Throughout the course of the action, all four Nigerian applicants were supported by Milieudefensie, which itself attempted to bring claims against both the parent company and its wholly owned subsidiary as a third party.
Forum Non Conveniens: History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements
PREFACE 1. Common Law Forum Non Conveniens: Four Countries, Four Apporaches 2. United Kingdom 3. United States 4. Canda 5. Australia 6. Similarities and Differences in Common Law Forum Non Conveniens Doctrine 7. Related Doctrines in Civil Law Systems 8. Global Search for Convention on Jurisdiction and Judgments and Related Projects Addressing Lis Pendens and Declining Jurisdiction 9. Future for Now: Forum Non Conveniens and the 2005 Hague Convention on Choice of Court Agreements APPENDICES OF HAGUE CONVENTION TEXTS AND 2005 CONVENTION ON CHOICE OF COURT AGREEMENTS
Toxic Torts in a Nutshell
This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It also covers special defendants, such as employers, governmental entities, and government contractors; workers' compensation; insurance coverage issues; key defenses such as statutes of limitations and preemption; causation and scientific evidence; and new theories of injury and damages. A chapter examines regulation of hazardous releases into the environment under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The work also addresses mass toxic torts and examines emerging actions related to nanotechnology and hydraulic fracturing.