Recent Developments on the Transnational Business and Human Rights Litigations: the Kiobel III

  • Francisco Javier Zamora Cabot Universitat Jaume I
DOI: https://doi.org/10.18543/ced-63-2020pp33-56
Keywords: business and human rights, Vedanta case, direct liability, forum non conveniens, substantial justice

Abstract

At the core of the problem of the relations of companies with human rights, one of the central ones in the concerns of the international community lies, as regards multinational corporations, in the responsibility of the parent companies for the activities of their subsidiaries in what is usually called the Global South. And closely linked to this, the possible access of those affected by such activities to the courts of the countries of origin of such parent companies. In its different sections, this study addresses this critical issue, developing a detailed analysis of what can be considered as the most outstanding contribution regarding the recent comparative jurisprudence, the United Kingdom Supreme Court ruling in the case included in the title. A new and pioneering way concerning the aforementioned access, full of interest in the technical-legal field and of great potential in practice and that has been giving rise to a broad doctrinal follow-up to which these pages want, in their measure, to contribute.

Received: 06 April 2020
Accepted: 09 April 2020
Published online: 30 September 2020

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Author Biography

Francisco Javier Zamora Cabot, Universitat Jaume I
Dr. Cum Laude by the Universidad Complutense of Madrid (UCM), his Thesis was directed by Professor Mariano Aguilar Navarro. He was awarded with two Scholarships, by the Dutch Ministry of Foreign Affairs and the Curatorium of the Hague Academy of International Law, respectively. Currently, he is Chair Professor of Private International Law in the Universitat Jaume I (UJI). Among his former positions, it should be noted that he has been Director of Departament in the UCM and in the UJI, Dean of the Faculty of Law and Economic Sciences (UJI), Visiting Professor in the Université de Paris Val-de Marne (1999), and Spain’s Legal Advisor in the First Revision of the UNCTAD Code on Maritime Conferences (1988). He has 80 publications in the different sectors of his discipline and now focuses his research mainly on international aspects of Human Rights (Business and HR and Multiculturality), procedural problems and General Theory of Private International Law. He has been invited to a number of prestigious fora, in Spain and in diverse foreign countries. He has participated in important Research Projects, like the Consolider HURI-AGE (2009-2015) and the EU Action Grant Human Rights In Business 2014-2017. Outstanding among his more recent publications are three books co-edited on Business and Human Rights, sponsored respectively by the University of Alcalá (HR Chair), the Swiss Institute of Comparative Law (Schulthess Pubs.) and the Editoriale Scientifica di Napoli. Membre Ambassadeur of the AISDC, Lausanne, is Coordinator of the RED AUIP de Empresas y Derechos Humanos, in which 22 universities from Spain and Latin America participate.
Published
2020-09-30
How to Cite
Zamora Cabot, Francisco Javier. 2020. “Recent Developments on the Transnational Business and Human Rights Litigations: The Kiobel III”. Deusto Journal of European Studies, no. 63 (September), 33-56. https://doi.org/10.18543/ced-63-2020pp33-56.
Issue
No. 63 (2020): Business and Human Rights
Section
Articles

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