This chapter argues that recourse to transnational litigation in the United States and Europe against Royal Dutch Shell and its Nigerian subsidiary for alleged environmental rights violations in the Niger Delta poses several legal challenges which require a rethinking of the accountability regime of transnational corporations in Nigeria’s oil sector. Globalisation has given transnational corporations the opportunities to maximise production such that when operating outside their home states and in jurisdictions with lax environmental regulations, like Nigeria, many act with utter disregard for international human rights standards. The lack of corporate accountability for environmental rights violations in Nigeria motivates the resort to transnational litigation or the so-called foreign direct liability cases in the home and headquarters of Shell like the United States, the United Kingdom, and the Netherlands. Incidentally, unabated transnational litigation and civil society advocacy have provoked human rights and environmental due diligence (HREDD) obligations of corporations under the United Nations Guiding Principles on Business and Human Rights (UNGPs) of 2011, the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) of 2024, and other international instruments with extraterritorial character. This chapter examines the limits of transnational Shell litigation vis-à-vis the merits of the UNGPs and the CSDDD to mitigate transnational corporations’ violations of environmental rights in Nigeria. As laudable as the UNGPs and CSDDD are, the remedies for corporate environmental violations are best sourced by host states. The chapter, therefore, recommends a transformative admixture of constitutional, common law, and statutory remedies for transnational oil corporations’ environmental transgressions in Nigerian domestic law.

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Constraints of American and European Transnational Litigation Over Environmental Rights Violations in the Niger Delta: Perspectives from Royal Dutch Shell Cases

  • Aaron Olaniyi Salau

摘要

This chapter argues that recourse to transnational litigation in the United States and Europe against Royal Dutch Shell and its Nigerian subsidiary for alleged environmental rights violations in the Niger Delta poses several legal challenges which require a rethinking of the accountability regime of transnational corporations in Nigeria’s oil sector. Globalisation has given transnational corporations the opportunities to maximise production such that when operating outside their home states and in jurisdictions with lax environmental regulations, like Nigeria, many act with utter disregard for international human rights standards. The lack of corporate accountability for environmental rights violations in Nigeria motivates the resort to transnational litigation or the so-called foreign direct liability cases in the home and headquarters of Shell like the United States, the United Kingdom, and the Netherlands. Incidentally, unabated transnational litigation and civil society advocacy have provoked human rights and environmental due diligence (HREDD) obligations of corporations under the United Nations Guiding Principles on Business and Human Rights (UNGPs) of 2011, the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) of 2024, and other international instruments with extraterritorial character. This chapter examines the limits of transnational Shell litigation vis-à-vis the merits of the UNGPs and the CSDDD to mitigate transnational corporations’ violations of environmental rights in Nigeria. As laudable as the UNGPs and CSDDD are, the remedies for corporate environmental violations are best sourced by host states. The chapter, therefore, recommends a transformative admixture of constitutional, common law, and statutory remedies for transnational oil corporations’ environmental transgressions in Nigerian domestic law.