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Artigo

15 Mai 2013

Author:
Michael D. Goldhaber, Litigation Daily [USA]

The Global Lawyer: Kiobel's Continental Cousins

On the first day of spring…I told a European audience in Paris why the law of U.S. corporate alien tort was about to wither. I expected to hear at the conference…about civil actions for corporate accountability taking root on the Continent. But I soon learned that Europe's fresh shoots are mostly in the soilbox of criminal law… My main takeaway from the Paris conference is that corporate accountability on the Continent seems more likely to be advanced through criminal than civil actions. Perhaps…it's because European criminal law can empower NGOs while keeping the safety screen of prosecutorial discretion. I learned that criminal cases are easier to win against executives than businesses… [refers to Alstom, Veolia, Amesys (part of Bull), Qosmos, Shell, Riwal, Danzer]

Part of the following timelines

Amesys lawsuit (re Libya)

Danzer Group lawsuit (re Dem. Rep. Congo, filed in Germany)

Qosmos lawsuit (re Syria)