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. |
Article |
|
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 |
AbstractAuthor's information |
Article |
|
Journal | The Dovenschmidt Quarterly, Issue 2 2013 |
Keywords | microfinance, economic development, microfinance success, Institutions, law and economics |
Authors | Katherine Helen Mary Hunt |
AbstractAuthor's information |
Microfinance is an area of research whose popularity is reflected by the unique potential for wide-ranging socioeconomic outcomes that support political goals unmatched by alternative avenues for financial support. However, despite the large amounts of financial resources funding microfinance across the world, and glorious potential economic benefits, there is no consensus regarding the success or failure of microfinance in achieving socioeconomic political goals. This article examines the empirical literature on microfinance to establish where microfinance has developed from, the organization of microfinance institutions (MFIs), the success or failure of microfinance, and future research methodological possibilities. It has been found that the success or failure of microfinance depends on the benchmarks to which it is measured. From a social empowerment perspective, microfinance success has been observed. However, from an economic development perspective the results are equivocal. The success of microfinance is related to the mission of DQ because of the interdisciplinary approach to research and the effects of microfinance across social and economic fields. Further, microfinance continues to be an avenue for the practical realization of corporate social responsibility (CSR) organizational goals and thus it is of relevance to evaluate success in this industry to ensure the efficient and continued achievement of political goals. |
Article |
|
Journal | The Dovenschmidt Quarterly, Issue 2 2013 |
Keywords | Credit Rating Agencies, Regulation No. 1060/2009, ESMA, sovereign ratings, complex products ratings |
Authors | Edith Weemaels |
AbstractAuthor's information |
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. |
Article |
|
Journal | The Dovenschmidt Quarterly, Issue 1 2013 |
Keywords | anti-monopoly law, merger control, competition effect |
Authors | Xinzhu Zhang and Vanessa Yanhua Zhang |
AbstractAuthor's information |
After three years of enforcement of the Anti-Monopoly Law, the Ministry of Commerce (MOFCOM) has issued its own merger review guidelines and regulations. It has also published the decisions of eleven cases that were either blocked or approved with conditions. In this paper we review China’s rules for the implementation of merger control and analyze the patterns and implications from the recent case decisions. We find that although China’s merger control policy is largely consistent with international practice in many respects, there are still a few areas where China’s practice differs from those in other jurisdictions. These differences and their implications are analyzed in the article. |
Article |
|
Journal | The Dovenschmidt Quarterly, Issue 1 2013 |
Authors | Bob Wessels |
AbstractAuthor's information |
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. |
Article |
|
Journal | The Dovenschmidt Quarterly, Issue 1 2013 |
Keywords | volgt |
Authors | Elbert R. de Jong and Jaap Spier |
AbstractAuthor's information |
volgt |