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date: 08 August 2020

Abstract and Keywords

This chapter examines the relationship between environmental law and private international law (also known as ‘conflict of laws’, particularly in the common law), with particular emphasis on corporate social responsibility (CSR). The focus is on the roll-out of private international law in the specific context of suing corporations in attractive jurisdictions, for activities which those corporations have carried out abroad. The chapter first reviews developments in the United States and the European Union (EU) concerning conflict of laws, and particularly with regards to extraterritorial harms. More specifically, it analyses litigation in US courts on the basis of the Alien Tort Statute (ATS) and its implications for CSR, corporate liability under ATS, and the Supreme Court ruling in Kiobel v Royal Dutch Petroleum (2010). In the EU, the issues were about jurisdiction and applicable law for attributability/duty of care, and compliance strategies. The chapter discusses attribution in the context of competition law.

Keywords: comparative environmental law, private international law, conflict of laws, competition, corporate social responsibility

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