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Ewelina U. Ochab - 27th January 2021
In the previous post, I highlighted the UK Government’s reluctance to endorse the Genocide Amendment. A central objection raised by the Government was that the determination of genocide should be made by ‘international judicial bodies’ and not the High Court. In one of its responses, the UK Government argued that it would accept as a […]
Ewelina U. Ochab - 27th January 2021
On 7 December 2020, the House of Lords debated the Trade Bill that defines the UK’s post-Brexit trade relationships and engaged with the question of what should happen if the trading partner stands accused of committing genocide. A few members tabled a cross-party amendment, the so-called Genocide Amendment (also known as the Alton Amendment) that […]
Jade Weiner - 10th December 2020
On 09 November 2020, Mr Justice Turner of the High Court, handed down a judgment that denied the jurisdiction of the English Court to adjudicate the liability of BHP Plc and BHP Ltd on the merits, for the catastrophic consequences caused by the 2015 Fundão dam collapse. The judgment struck out the claims of over […]
Pedro R. Borges de Carvalho and Amy Pearl Douglas - 24th November 2020
This piece briefly contextualises and reports on the final stretch of the Responsible Business Initiative (RBI) legislative process in Switzerland and delves into the legal provisions of the competing drafts to be submitted to a referendum in late November. On 29 November 2020, Swiss citizens will vote on the Responsible Business Initiative (RBI), a new […]
- 17th September 2020
The emergence of a green economy during the COVID-19 crisis presents a significant opportunity for the commercialisation of low-carbon solutions that catalyses an important emerging market, incentivising investors and governments to allocate financial capital to drive the world’s transition to a green economy. However, environmentally friendly, low-carbon forms of energy can violate human rights in […]
Jade Weiner - 11th August 2020
On 5 November 2015, a devastating mudslide following the collapse of the Fundao Dam tore through Mariana, Brazil, destroying entire cities, decimating the environment and destroying historic, cultural and religious traditions in the area. 19 people lost their lives, tonnes of fish died, and over 600km of waterways were polluted in what is regarded as […]
Pieter Gillaerts - 11th July 2019
Citizens and organizations around the world increasingly take their concerns regarding climate change to the courtroom. Such climate change or environmental (public interest) litigation so far has primarily been directed against governments, such as the case of Urgenda v. the Dutch State. The recent Dutch case Milieudefensie et al. v. Royal Dutch Shell seems to mark […]
Mwai Daka - 23rd May 2019
The recent UK Supreme Court case, Vedanta Resources Plc and another v Lungowe and others, affirms the principle that UK companies operating abroad owe a duty of care to those affected by the actions of the subsidiary in the foreign jurisdiction. The Supreme Court held that the ‘foreign jurisdiction’, in this case, Zambia, is the […]
Lisa Kadel and Christian Schliemann - 19th April 2019
The Canadian corporation Gabriel Resources wanted to establish Europe’s largest gold mine in Rosia Montana, Romania. Local villagers and Romanian civil society resisted the corporation and the state, due to perceived disregard for their human rights and environmental concerns. After a long battle they prevented the project. As a response Gabriel Resources sued Romania for […]
Sergio Giuliano - 1st April 2019
Last February 27th, a 7-1 majority of the United States Supreme Court held in Jam et al. v. International Finance Corp. that the IFC –the branch of the World Bank Group that lends to the private sector– does not enjoy absolute immunity from suit in U.S. domestic courts. The case is a landmark decision in […]
Sakshi Aravind - 18th March 2019
The decision by New South Wales Land and Environment court, Australia, rejecting the appeal by Gloucester Resources for the proposed Rocky Hill coal mine in Hunter’s Valley, has gathered public interest for all the right reasons (Gloucester Resources v Minister of Planning “Gloucester Resources”). The decision emphasized the incompatibility between new coalmines and Australia’s obligations […]
Sandhya Drew - 5th December 2018
With effect from 29 March 2017, the French Loi de la Vigilance introduced into the Commercial Code a duty on large companies to carry out a risk assessment down their supply chains in relation to human rights. It bears many similarities to section 54 of the Modern Slavery Act 2015 in the UK but there […]