Jurisdiction and Applicable Law in Corporate Related Human Rights Litigation

Abstract

Not in all parts of the world do claimants enjoy a just or fair trial. European, North American and increasingly corporations from parts of Asia outsource their production in weak governance zones, which impedes the attainment of due process in those respective countries. With the support of foreign NGOs victims of corporate human rights abuses consequently search for justice in the home states of multinational corporations. Hereby they face legal difficulties in matters of conflict of laws and jurisdiction: in the context of Article 7 Rome II Regulation the identification of the place of conduct poses a problem. Similarly, German courts will not necessarily assume jurisdiction over foreign nationals. Two bases of jurisdiction - jurisdiction by assets and forum necessitatis - may constitute a practicable solution for this problem.