KDEC 9235 - Transboundary Corporate Liability

This course examines an emerging constellation of norms that addresses corporate due diligence respecting violations of human rights and labour and environmental law. This constellation encompasses domestic private law, particularly the law of civil liability; public international law relating to human and labour rights and environmental protection; the United Nations Guiding Principles on Business and Human Rights (UNGPs) and corporate due diligence legislation adopted in response to these principles; as well as an array of structures and processes of transnational law designed to generate, implement, and enforce labour, human rights, and environmental standards for corporations. The course addresses doctrinal and theoretical literature in order to explore the emerging normative constellation for transboundary corporate liability and to subject it to critical analysis.
Jaye ELLIS
Séminaire
English
Regular attendance, engagement in class discussions, required readings plus additional readings as appropriate to better understand required texts and to deepen understanding of issues and problems addressed in class.
Autumn 2024-2025
Two short written texts addressing, respectively, doctrinal and theoretical dimensions of transnational corporate due diligence law.
Seminar: short lectures to provide background, introduce topics, and set up discussions and exercises. Guided discussions in class and in small groups.
Smits, Enforcing corporate social responsibility codes under private law: On the disciplining power of legal doctrine' (2017) 24 Indiana Journal of Global Legal Studies 99
Fischer-Lescano and Teubner, Regime collisions: The vain search for legal unity in the fragmentation of global law' (2004) 25 Michigan Journal of International Law 999
Rónán Condon, Network responsibility: European tort law and the society of networks (Cambridge University Press 2022)
Diggs, Business and human rights as a galaxy of norms' (2018) 50 Georgia Journal of International Law 309
Mayer, The duty of care of fossil-fuel producers for climate change mitigation: Milieudefensie v. Royal Dutch Shell' (2022) 11 Transnational Environmental Law 407
Paiement, Reimagining the energy corporation: Milieudefensie v. Royal Dutch Shell' (2023) 52 Netherlands Yearbook of International Law 281
Bonython, Tort law and climate change' (2021) 40 University of Queensland Law Journal 421
Simon, Developments in Canada on business and human rights: One step forward two steps back' (2023) 36 Leiden Journal of International Law 363
Roorda and Leader, Okpabi v. Shell and Four Nigerian Farmers v. Shell: Parent Company Liability back in Court (2021) 6 Business and Human Rights Journal 368
Stewart, Krisch, and Kingsbury, The emergence of global administrative law' (2005) 68 New York University Journal of Law and Contemporary Problems 15
Teubner, Corporate codes in the varieties of capitalism: How their enforcement depends on the differences among production regimes' (2017) 24 Indiana Journal of Global Legal Studies 81
Teubner, Self-constitutionalizing TNCs? On the linkage of private and public corporate codes of conduct' (2011) 18 Indiana Journal of Global Legal Studies 617
Thornhill, National sovereignty and the constitution of transnational law: A sociological approach to a classical antimony' (2012) 3 Transnational Legal Theory 394
Perez, Transnational networked authority' (2022) 35 Leiden Journal of International Law 265