Transnational Experts Wanted: Nigerian Oil Spills before the Dutch Courts. (16th June 2021)

• Record Type: Journal Article
• Authors: Bertram, Daniel
• Is Part Of: Journal of environmental law. Volume 33:Number 2(2021)
• Page Start: 423
• Page End: 435
• Publication Date: 2021-06-16
• Subjects: environmental rights -- expertise -- jurisdiction -- transnational litigation -- Shell -- Nigeria; Environmental law -- Periodicals; Environmental law -- Great Britain -- Periodicals; 344.046
• DOI: 10.1093/jel/eqab008
• Languages: English
• ISSNs: 0952-8873

Abstract

Abstract: This analysis recapitulates the Hague Court of Appeal's decisions in a series of lawsuits brought by Nigerian farmers against Dutch oil giant Shell. The ruling upholds Shell's civil liability for the pollution ensuing from several oil spills and has been widely hailed as a blueprint for similar claims before European courts. Beyond these headlines, the judgment charters unexplored legal territories and elicits burning questions about judicial and environmental expertise in complex transnational settings. I propose a three-pronged analysis to cut through this complexity. First, the case deals with the international 'anchor' jurisdiction of Dutch courts over claims against foreign defendants. Secondly, the ruling marks a significant contribution to the jurisprudence on tort liability across corporate structures. Finally, the verdict sheds a new light on the interplay between environmental rights and tort actions. The confluence of these three perspectives projects a kaleidoscopic vision of environmental liability across borders.