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Articles by Marjun Parcasio
U.S. Supreme Court requires more than “general corporate activity” in U.S. to bring Alien Tort Statute claims | JD Supra
On 17 June 2021, the U.S. Supreme Court delivered its opinion in Nestlé USA, Inc. v Doe, 593 U.S. ___ (2021). The suit was brought by a group of citizens from Mali under the U.S. Alien Tort Statute (“ATS”), alleging that Nestlé and Cargill aided and abetted the perpetration of child slavery and forced labour at cocoa plantations in the Ivory Coast, where these individuals said they had been trafficked as child slaves to produce cocoa.
Royal Dutch Shell ordered to reduce its global emissions by 45% by 2030 | JD Supra
In a significant judgment that will be of considerable interest around the world, on 26 May 2021, the Hague District Court in the Netherlands ordered that Royal Dutch Shell (“RDS”), on behalf of itself and its wider group (the “Shell Group”), cut its CO2 emissions by 45% by 2030, compared to 2019 levels.
Companies Coming Out in Public Support of 'Failure to Prevent' Law on Human Rights Obligations | JD Supra
As previous client alerts have set out, momentum is building across a range of jurisdictions toward legalizing companies’ obligations to respect human rights and promote ESG issues generally. While in Europe, this has centered on mandatory human rights due diligence proposals (as set out in our previous update, available here), in the UK attention has focused on adapting the ‘failure to prevent’ structure as set out in the UK Bribery Act 2010. This attention continues to build.
Update on Parent Company Liability for Offshore Subsidiaries: Okpabi v Royal Dutch Shell Plc [2021] UKSC 3 | JD Supra
The United Kingdom Supreme Court (UKSC) today released its much anticipated judgment in Okpabi v Royal Dutch Shell Plc, unanimously overturning the Court of Appeal’s previous finding that the English courts did not have jurisdiction over a claim against Royal Dutch Shell Plc (Shell) and its Nigerian subsidiary, Shell Petroleum Development Company of Nigeria Ltd (SPDC).
Corporate civil liability for breaches of customary international law: Supreme Court of Canada opens door to common law claims in Nevsun v Araya
Corporate civil liability for breaches of customary international law: Supreme Court of Canada opens door to common law claims in Nevsun v Araya – EJIL: Talk!
The Canadian Ombudsperson for Responsible Enterprise – Lingering Questions on the Role’s Mandate and Powers | Focus on Regulation
Earlier this month, the Canadian government announced the appointment of Sheri Meyerhoffer as the first Canadian Ombudsperson for Responsible Enterprise (“CORE”). The position has been lauded as being the first of its kind in the world. This blog post considers a number of the key issues which are still to be ironed out before Ombudsperson Meyerhoffer begins her work in earnest.
Managing human rights risk | Lexology
Human rights risk is a legal risk, and businesses should carefully consider how they manage this risk in their corporate structures and third party relationships. Many companies in the energy and natural resources sector have extensive global operations, and work with other companies to finance and carry out their business abroad. Adverse human rights impacts may arise in the course of doing business, which in turn could crystallize into possible legal liability.
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