Foreign Direct Liability of Multinational Corporations in the Dutch Legal Order

Abstract

Channa Samkalden reviews the position in the Netherlands regarding the imposition of liability on multinationals for human rights abuses overseas. She explains the potential basis for, the process, and the advantages of seeking corporate criminal liability under the provisions of the Criminal Code. Regarding civil liability, she outlines the rules on jurisdiction, applicable law and the interplay with the Dutch Code of Civil Procedure, including forum necessitates. She outlines jurisdictional decisions in Milieudefensie v. Shell and Kiobel v. Shell and the principle for establishing foreign direct civil liability on a parent company based on the breach of a tort law duty of care and alternative grounds and the potential relevance of soft law and the European Convention on Human Rights. She outlines the rules on admissibility of claims by representative organisations, collective actions, limitation, assessment of damages, discovery, witness protection, and costs and funding.