Transnational Experts Wanted: Nigerian Oil Spills before the Dutch Courts

Abstract This analysis recapitulates the Hague Court of Appeal’s decisions in a series of lawsuits brought by Nigerian farmers against Dutch oil giant Shell. The ruling upholds Shell’s civil liability for the pollution ensuing from several oil spills and has been widely hailed as a blueprint for similar claims before European courts. Beyond these headlines, the judgment charters unexplored legal territories and elicits burning questions about judicial and environmental expertise in complex transnational settings. I propose a three-pronged analysis to cut through this complexity. First, the cas... Mehr ...

Verfasser: Bertram, Daniel
Dokumenttyp: Artikel
Erscheinungsdatum: 2021
Reihe/Periodikum: Journal of Environmental Law ; volume 33, issue 2, page 423-435 ; ISSN 0952-8873 1464-374X
Verlag/Hrsg.: Oxford University Press (OUP)
Schlagwörter: Law / Management / Monitoring / Policy and Law
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-29023193
Datenquelle: BASE; Originalkatalog
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Link(s) : http://dx.doi.org/10.1093/jel/eqab008

Abstract This analysis recapitulates the Hague Court of Appeal’s decisions in a series of lawsuits brought by Nigerian farmers against Dutch oil giant Shell. The ruling upholds Shell’s civil liability for the pollution ensuing from several oil spills and has been widely hailed as a blueprint for similar claims before European courts. Beyond these headlines, the judgment charters unexplored legal territories and elicits burning questions about judicial and environmental expertise in complex transnational settings. I propose a three-pronged analysis to cut through this complexity. First, the case deals with the international ‘anchor’ jurisdiction of Dutch courts over claims against foreign defendants. Secondly, the ruling marks a significant contribution to the jurisprudence on tort liability across corporate structures. Finally, the verdict sheds a new light on the interplay between environmental rights and tort actions. The confluence of these three perspectives projects a kaleidoscopic vision of environmental liability across borders.