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20 Nov 2014

Professor F. J. Zamora Cabot, Univ. Jaume I de Castellón (Spain)

US Supreme Court decision in Daimler endorses large companies' impunity & leaves victims without remedy, says Prof. Zamora Cabot

"Decision of the Supreme Court of the United States in the Daimler AG V. Bauman et al case: closing the golden door", Nov 2014

...Daimler...was a good opportunity for the [US Supreme] Court to address details and/or elucidate some of the loose threads that...[it] had very carefully left in its resolution of Kiobel...[E]ven assuming the background of Kiobel, the solution given in Daimler goes beyond it...Large companies, which continually...receive all types of rights, use their complex networks...to avoid state regulations, avoid paying taxes, localize and delocalize their activities without paying attention to the...consequences...increas[e] their impunity in the face of responsibilities arising from the terrible Human Rights abuses continuously perpetrated by many of them...Endorsing this reality...is where th[e Daimler] decision, alongside Kiobel, takes us...[I]t is undeniable that businesses and their advisors are overjoyed...The victims, on the other hand, are thrown out into external darkness...The High Court is decisively closing the door it had left “slightly ajar” en Sosa in the face of the worst Human Rights violations...