Rachel Chambers, U Connecticut
Human rights violations framed as transnational tort claims against corporate actors: an evaluation of case law and global trends
A number of jurisdictions have developed a body of jurisprudence, which, to varying degrees, allows their courts to accept jurisdiction over claims where extraterritorial human rights violations are framed as tort law suits and brought against a corporate actor in its home jurisdiction. Examples of these suits include Lungowe and Ors. v. Vedanta Resources Plc. and Konkola Copper Mines Plc.and Araya v. Nevsun Resources Ltd., currently pending decisions from the respective Supreme Courts of the United Kingdom and Canada, and Maxima Acuña-Atalaya v. Newmont Mining Corp., currently on appeal in the Delaware courts. Through analysis of individual cases and global trends, this paper evaluates the significance of this legal development for corporate actors and their operations abroad, and offers recommendations for best practice to ensure that human rights are respected and protected.