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文章

2021年3月17日

作者:
Oliver Holland & Liberty Bridge, Leigh Day, on Thomson Reuters Foundation

Opinion: UK leads way in holding corporations to account for rights abuses

For Zambian farmers, Nigerian fisherman and Bangladeshi shipyard workers, recent judgments from the UK courts have provided clarity that multinational companies can be held accountable for the harm caused to individuals by their operations. Claims that are based on whether a UK company can owe a duty of care to a foreign claimant even where damage has been caused by a third party is a rapidly evolving area of law – there is a global movement towards greater accountability for multinational corporations and these recent judgments show the UK courts are leading the way.

In the past the idea that companies owed a duty of care to local communities was not a boardroom concern. Now, corporate social responsibility policies may give rise to liability for environmental and human rights abuses and provide evidence of both proximity and control - whether or not there is a direct relationship between a company and a victim...

In these recent judgments the Courts have repeatedly shown that a duty of care may extend to anyone who is at foreseeable risk of harm due to a corporation’s operations. This paves the way for ‘supply-chain’ cases where multinationals set standards for and have oversight over supplier operations. The English courts have shown that they are not afraid to hold multinationals to account and ensure that wherever a claimant is domiciled they have the right to access justice...