Hard times for Shell. On 12 February 2021, two weeks after the Court of Appeal of The Hague found Shell subsidiary and parent company liable for oil spills in Nigeria in a landmark ruling, the UK Supreme Court, in a much awaited ruling, confirmed that proceedings against the parent company could continue before UK courts for similar issues raised by Nigerian farming and fishing communities, as real issues were to be tried.
Read moreCategory: Business & human rights
Landmark ruling: Shell subsidiary and parent company found liable for oil spills in Nigeria
On January 29, 2021, the Court of Appeals of The Hague found in two judgements (cases A and B and cases C and D in Dutch) Shell Nigeria (SPDC) and its parent company Royal Dutch Shell (RDS) responsible for oil spills in the Niger Delta in Nigeria.
Read moreNew EU Regulation imposing sanctions on companies involved in serious human rights violations worldwide
On December 7, 2020, the Council of the European Union adopted Regulation 2020/1998 concerning restrictive measures against serious human rights violations and abuses.
Read moreWhat to keep from the negotiations on the UN draft treaty on business & human rights?
October 30, 2020, marked the end of the 6th session of the Open-Ended Intergovernmental Working Group on Transnational Corporations (OEIGWG) and the discussions on the second revised UN draft treaty on business and human rights.
Read moreSummary of the consultations on the UN draft treaty on business & human rights (day 4)
On October 29, 2020, fourth day of the 6th session of the Open-Ended Intergovernmental Working Group on Transnational Corporations, stakeholders discussed Articles 12, 13, 14 and 15 of the second revised UN draft treaty on business and human rights.
Read moreSummary of the consultations on the UN draft treaty on business & human rights (day 3)
On October 28, 2020, third day of the 6th session of the Open-Ended Intergovernmental Working Group on Transnational Corporations, stakeholders discussed Articles 8, 9, 10 and 11 of the second revised UN draft treaty on business and human rights.
Read moreSummary of the consultations on the UN draft treaty on business & human rights (day 2)
On October 27, 2020, second day of the 6th session of the Open-Ended Intergovernmental Working Group on Transnational Corporations, stakeholders discussed Articles 3, 4, 5, 6, and 7 of the second revised UN draft treaty on business and human rights.
Read moreSummary of the consultations on the UN draft treaty on business & human rights (day 1)
On October 26, 2020, the Open-Ended Intergovernmental Working Group on Transnational Corporations (OEIGWG) begun its 6th session which will take place until October 30, 2020 to discuss the second revised UN draft treaty on business and human rights.
On the first day, stakeholders presented their general statements on the draft treaty and amendments to the preamble, Articles 1 and 2.
Read moreFirst draft on EU mandatory human rights due diligence out
See update on the EU Parliament draft Directive adopted on March 10, 2021.
On September 2020, the EU Parliament Committee on Legal Affairs published a draft report containing a text of proposed Directive on mandatory human rights due diligence and recommendations to the EU Commission.
According to an EU Commission study, currently, only 37% of business respondents conduct environmental and human rights due diligence and only 16% cover the entire supply chain.
Read moreTrump administration against corporate liability for human rights violations under Alien Tort Statute
On May 26, 2020, the Trump administration filed a brief amicus curiae in the Cargill Inc. v John Doe case, urging the Supreme Court to hold that domestic corporations cannot be liable for human rights violations under the Alien Tort Statute (ATS).
In this case, former child slaves who were forced to work on cocoa farms in the Ivory Coast claim that Nestle US and Cargill aided and abetted slave labour by providing financial support and technical farming aid to famers, subjecting defendants to suit under the ATS.
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