On January 5, 2022, the Fashion sustainability and social accountability Act (Assembly Bill A8352) was referred to the legislative Consumer Affairs and Protection Committee of the New York State. If passed, the Act would be the first of its kind in the US, requiring fashion retail sellers and manufacturers, on pain of a fine based on annual revenues, to disclose environmental and social due diligence policies.
Read moreEU import ban: ‘Human rights are not for sale’ says von der Leyen
On September 15, 2021, the European Commission President Ursula von der Leyen in her annual State of the European Union speech announced that the European Commission will propose a ban on products made with forced labour, stating that “There are 25 million people out there, who are threatened or coerced into forced labour. We can never accept that they are forced to make product and that these products then end up for sale in shops here in Europe”.
Read moreProceedings against Lafarge for complicity in crimes against humanity can go on says France’s highest judicial court
On September 7, 2021, the French Cour de Cassation (the highest judicial court) overruled (in French) the Paris Court of Appeal decision to dismiss the claim of complicity in crime against humanity against Lafarge. Lafarge’s Syrian subsidiary, more than 98% owned by the French parent company, paid over $15 million to terrorist groups, including ISIS through middlemen between 2013 and 2014 to maintain the activity of its cement plant.
Read moreRight to information under the new Norwegian human right due diligence law
On June 10, 2021, Norway adopted the Act on business transparency and work with fundamental human rights and decent work (in Norwegian), joining the small group of countries to impose human rights due diligence on (large) companies. While the act lacks on important issues (such as civil liability) interestingly, it creates an obligation for companies to provide information upon public request. None of the other legislation on business and human rights, either adopted or being currently discussed contains such obligation (see comparative table).
Read moreHow can Brexit prevent victims of corporate human rights abuses from accessing justice?
On May 4, 2021, the European Commission expressed its opposition to UK’s accession to the Lugano Convention, treaty to which the UK was until recently a party via its EU membership. NGOs, academics and experts strongly criticise the Commission’s stance as prohibiting the UK to re-join the convention may have adverse consequences for victims of corporate human rights abuses seeking justice in the UK.
Continue reading “How can Brexit prevent victims of corporate human rights abuses from accessing justice?”On going lawsuits against multinational companies
While the matter of jurisdiction has always been an important hurdle for affected communities to hold multinational corporations accountable, there has been over the past few years an increase of lawsuits brought against those companies before courts in home States. Despite some being dismissed, more and more cases are allowed to proceed, opening new doors for victims.
The article identifies on-going international lawsuits against MNCs, i.e. lawsuits brought in a country that is not the country where the alleged harm occurred.
Read morePTTEP Australasia liable for oil spill impacting 15 000 Indonesian farmers
On March 19, 2021, the Federal Court of Australia found in the Sanda v PTTEP Australasia class action case representing over 15 000 Indonesian seaweed farmers, that the oil company breached its duty of care owed to them when suspending and operating an oil well which consequently led to an oil spill in 2009 impacting farmers’ livelihood.
Read moreUpdate to the EU draft Directive on mandatory human rights due diligence
On March 10, 2021, the European Parliament adopted a resolution submitting to the Commission and Council a draft Directive on corporate due diligence and corporate accountability.
While the draft Directive incorporates certain elements proposed in September by the Committee on Legal Affairs, others have been left out such as the constitution of criminal offense in case of intentional repeated infringements.
Read moreUK shipping company may owe a duty of care to shipbreaking workers in Bangladesh
On March 10, 2021, the Court of Appeal of England and Wales found in the Begun v Maran case that the claim for damages brought by the widow of a shipbreaking worker killed while working on an oil tanker in a shipyard in Bangladesh against shipping company Maran was not bound to fail as Maran UK may had owed a duty of care to the deceased worker. Considering that most oil tankers are broken up in Bangladesh, this may have important consequences across the shipping industry.
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