Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts

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Ekaterina Aristova (Leverhulme Early Career Fellow, Leverhulme Early Career Fellow, Bonavero Institute of Human Rights, University of Oxford)

Tort Litigation against Transnational Corporations

The Challenge of Jurisdiction in English Courts

Ekaterina Aristova (Leverhulme Early Career Fellow, Leverhulme Early Career Fellow, Bonavero Institute of Human Rights, University of Oxford)

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English

Oxford University Press
09 May 2024

Series: Oxford Private International Law Series

There is an emerging trend of private claims being brought against parent companies of transnational corporations for their alleged involvement in human rights and environmental abuses committed abroad. These cases form part of an international effort aimed at strengthening responsible business conduct, the success of which depends on the rules governing domestic courts' power to adjudicate disputes. However, in an increasingly globalised environment, the territorial focus of the adjudicative jurisdiction is often contrary to the transnational nature of the business activities.

To address this puzzle, Tort Litigation against Transnational Corporations seeks to answer three questions: Firstly, to what extent can English courts, under existing rules, exercise jurisdiction over an English parent company and its foreign subsidiaries as co-defendants? Secondly, is England a suitable forum for deciding transnational human rights claims? And, finally, should the jurisdictional competence of the English courts be broadened through a new connecting factor derived from the 'economic enterprise' theory?

While the book is written from the perspective of English law, it also draws on examples of similar claims in other jurisdictions to broaden the discussion.

It offers a new angle to the business and human rights discourse by placing the discussion of parent company liability cases in the context of the topical debate about the changing role of private international law in a globalised world.

By: Ekaterina Aristova (Leverhulme Early Career Fellow Leverhulme Early Career Fellow Bonavero Institute of Human Rights University of Oxford)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 250mm, Width: 175mm, Spine: 24mm
Weight: 778g
ISBN: 9780192868138
ISBN 10: 0192868136
Series: Oxford Private International Law Series
Pages: 352
Publication Date: 09 May 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Dr Ekaterina Aristova is a Leverhulme Early Career Fellow at the Bonavero Institute of Human Rights in Oxford. She is a co-editor of Civil Remedies and Human Rights in Flux (2022) and Civil Liability for Human Rights Violations: A Handbook for Practitioners (Bonavero Institute for Human Rights 2022). Dr Aristova served as a consultant on several research projects that have sought to strengthen corporate accountability for human rights violations, including for the United Nations. Prior to commencing her academic career, she practised corporate law in a major international law firm and leading investment companies.

Reviews for Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in English Courts

The monograph is well-written and highly engaging. It is thorough, particularly in its coverage of English cases, and Aristova demonstrates expert knowledge of the subject. * Chukwuma Okoli, Conflicts of Law.net * Dr Ekaterina Aristova's excellent book provides us with a definitive road map by which to navigate the complexities of civil liability claims against UK-based parent companies for alleged torts committed by their overseas subsidiaries, commonly referred to as foreign direct liability (FDL) claims. * Peter Muchlinski, Emeritus Professor of International Commercial Law, SOAS, University of London, The European Association of Private International Law blog * Dr Aristova's book is undoubtedly an invaluable resource that will guide academics, practitioners, policy makers and other key stakeholders in this developing area of the law. * Mukarrum Ahmed, Lecturer in Business Law, Lancaster University, The European Association of Private International Law blog * Dr Ekaterina Aristova wrote an insightful book that is a must-read not only for private international law scholars but for anyone interested in the business and human rights field or in English tort law. * Dalia Palombo, Assistant Professor of Human Rights Law, Tilburg University, The European Association of Private International Law blog *