On 30 January 2013, the The Hague district court rendered a final judgment with respect to a number of civil liability claims against Royal Dutch Shell (RDS) and its Nigerian subsidiary Shell Petroleum Development Company of Nigeria (SPDC) that had been pursued by four Nigerian farmers and the Dutch NGO Milieudefensie in relation to various oil spills from SPDC-operated pipelines in the Nigerian Niger Delta. This case is the first Dutch example of a broader, worldwide trend towards similar transnational civil liability procedures against multinational corporations for harm caused to people and planet in developing host countries. This worldwide trend towards so-called ‘foreign direct liability cases’ and the Dutch Shell Nigeria case in particular raise many interesting socio-political as well as legal questions. This article will focus on the question what the prospects are for plaintiffs seeking to pursue such claims before a Dutch court when it comes to obtaining evidence under the Dutch civil procedural regime on the production of exhibits. This is a highly relevant question, since the proceedings in the Dutch Shell Nigeria case seem to indicate that the relatively restrictive Dutch regime on the production of exhibits in civil procedures may potentially impose a structural barrier on the access to remedies before Dutch courts of the victims of corporate violations of people and planet abroad. |
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Journal | The Dovenschmidt Quarterly, Issue 3 2013 |
Keywords | foreign direct liability, corporate social responsibility, transparency document disclosure, Dutch Shell Nigeria case |
Authors | Liesbeth F.H. Enneking |
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Journal | The Dovenschmidt Quarterly, Issue 3 2013 |
Keywords | civil litigation, discovery, human rights, multinationals |
Authors | R.R. Verkerk |
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This article explores the degree in which civil procedural rules may promote transparancy from multinationals about human rights policies and allegations of human rights violations. |
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Journal | The Dovenschmidt Quarterly, Issue 2 2013 |
Authors | Edyta M. Dorenbos and Alessio M. Pacces |
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Journal | The Dovenschmidt Quarterly, Issue 2 2013 |
Keywords | Credit Rating Agencies, Regulation No. 1060/2009, ESMA, sovereign ratings, complex products ratings |
Authors | Edith Weemaels |
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This article presents the current and future statutory framework for ratings agencies in Europe. The recent financial and economic crises dealt a fatal blow to this practice and the EU clearly intends to progress as quickly as possible when it comes to the regulation of credit rating agencies. This article examines the possibility that new EU framework serve to strengthen the position of credit rating agencies through the elimination of their unquestioned role in the markets. The author also presents existing and future European regulations and analyses the establishment and implementation of prudential supervision of the rating activity. |
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Journal | The Dovenschmidt Quarterly, Issue 1 2013 |
Authors | Bob Wessels |
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In this article a non-binding global standard for solution of cross-border insolvency proceedings is introduced. These Global Principles for Cooperation in International Insolvency Cases can be used both in civil-law as well as common-law jurisdictions, and aim to cover all jurisdictions in the world. They are addressed to judges, insolvency practitioners and scholars, and aim to contribute to an improved global architecture of international insolvency. |