What is it about?
Many European companies import goods from production facilities in countries with low workforce safety standards. In recent years, calls have been made to make corporations liable for damages the workforce suffers as a consequence of poor safety and human rights monitoring. The paper showcases which law governs civil law proceedings against multi-national corporations seated in Europe based on alleged violations of human rights-related duties of care.
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Why is it important?
Under the current Rome II regime, such claims are governed by the law of the event giving rise to the damage. Consequently, European corporations are subjected to the law of where production facilities are situated. In some cases however, Rome II allows to apply the home state law of multi-national corporations, effectively subjecting corporations to those standards they need to adhere in their home country. The paper argues for a more liberal approach to apply these mechanisms.
Perspectives
As of today, many national legislators draft Corporate Responsibility laws in order to achieve a more just global production chain. I have written this article to illustrate the technical difficulties of private international law concerning civil compensation claims against multi-national corporations.
Ole Aldag
Universitat Bielefeld
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This page is a summary of: Menschenrechtsbezogene Sorgfaltspflichten von Unternehmen im System der Rom II-VO, JURA - Juristische Ausbildung, October 2020, De Gruyter,
DOI: 10.1515/jura-2019-2287.
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