The Corporate Veil

The Project

The project seeks to identify and analyse to what extent the separate legal personality of subsidiaries of multinational companies hinders the ability of victims of human rights/environmental abuses to obtain adequate redress. This is a major issue that regularly arises in litigation. Practical cases need to be identified by collaborators of the Essex Business and HR project as the basis for producing the analysis. Progress on this topic can have a significant impact on the ability of victims of human rights/environmental abuses to achieve adequate redress.

The project enables students to learn how to marry major topics in business law with core issues in human rights. They also benefit from the opportunity to interact with practitioners and NGOs, and learn about the issues through current cases. The project is also a core theme of academic interest for students taking courses in this area.

Progress

The team has been researching the social impact and legal issues involved in corporate human rights abuses and corporate-led disasters in specific countries such as Canada, Italy, Japan and Spain. Participants have been preparing briefs on approaches taken, challenges overcome, and difficulties faced in key strategic cases. Difficulties encountered included data collection, a lack of availability of specific cases related to these issues, and differences between civil and common law particularly in relation to gaining access to full text transcripts of court decisions in civil law countries. Through this research, the team is examining and exploring legal arguments to pierce the corporate veil in the context of Amnesty International’s Niger Delta Project.

Partner Organisation

Supervisor

Professor Sheldon Leader

Coordinator

Ulisses Terto Neto

Student Team

Rebecca Fan, Sarah French, Antonio Gerardi, Wessen Jazrawi, Naomi Kodaira, Annalisa Pauciullo Genevieve Sauberli, Giovanni Stanghellini, Yu Suzuki, Andrés Zaragoza

Documents

Due to the confidential nature of the project, documents are not available to the public at this time