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The Liability of Mother Companies for Damage caused by oversea subsidiaries, PIL aspects
(2024)
AG ERLAF, Ismael Simbala Mohamed
This paper analyzes the liability of parent companies through the action of their subsidiaries. The field of Private International Law is continuously developing. The phenomenon of globalization coupled with the numerous legal proceedings initiated against corporations for the infringement of human rights and/or environment degradation have impelled nations to cooperate on international legal agreements. The creation of anticipated, durable, and enforceable legal frameworks is the main goal of all the adjustments made to harmonize private international law. As a result, in order to provide an answer to our inquiry, we evaluated various legal systems, various regulations, proposed texts, and judicial amendments. In the direction of the CSDDD, from Brussels 1 Recast or the French Duty of Care. Our study indicates that, apart from substantial advancements, there are still compatibility issues and uncertainties over the functioning of the new Directive. The implementation of the Directive has increased complexity by introducing new approaches to determine an appropriate forum. Nevertheless, we found the directive before the courts is less effective than national laws. These laws are more stringent, and moreover, the directive encourages member states to enforce stricter measures.
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