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Extract
Business and Human Rights Symposium

- Climate Change Litigation Against Corporations and the Role of Civil Liability

"The responsibility to regulate multinational corporations in climate matters should not, however, only rest with domestic courts and tort law, even if it can provide relief in certain cases. As exposed above, many hurdles and uncertainty weigh on this process. Governments must adopt adequate and effective regulations, including on the international level, to put an end to the climate crisis and to compensate for related loss and damages. As they fail to do so, plaintiffs and civil society do not have another choice as to seek State responsibility for their individual and collective failure to act"

- The Conceptual Revolution of Supply Chain Liability – Towards Corporate Social Liability

"recent court judgments have accelerated the conversion of corporate social responsibility into corporate social liability. In this new environment, corporations will have to work alongside governments to ensure the progressive realization of the continuously expanding positive entitlements required by human rights."

- Third Party Human Rights Harms and the Duty of Care

"The existence of a duty of care between the company and the security forces should not, in any situation, be dismissed prima facie, but should be based on a factual assessment of the situation. The facts about the North Mara mine indicate that a situation of factual control, supervision, and oversight may exist, and it could be an opportunity for the courts to further elaborate on the limits of secondary liability."

- Evolution of the Duty of Care Doctrine in Cases of Business-Related Human Rights Abuses

"IIn conclusion, civil liability of corporate groups presents an interesting case of legal evolution. Notable advances in caselaw need to be read with a keen eye to legal thresholds and potential repercussions outside tort law. There are high thresholds in establishing corporate liability for subsidiaries and business partners’ misconduct. Not contemplating a dramatic lowering of thresholds, courts are careful to develop tort law without introducing frictions with other bodies of law (corporate law) or branches of government (the legislative). So far there has been gradualism in both caselaw and the legislative activity in home countries of MNEs. Civil liability and especially negligence liability – through the DoC and ‘reasonable person’ standards – co-evolve with societal expectations, business practice, soft law and due diligence regulations. Nowadays plaintiffs can put some faith in an accumulating body of judicial precedents and legislative changes signaling to parent companies that the days of soft law and corporate voluntarism are coming to an end."

- Suing Corporations for Violating International Law: A Step Forward

- Why Laws Are Needed to Avoid Corporate Rights Abuses