Editor's note: Mercedes
is a recent graduate of the LL.B. dual-degree programme English and
German Law,
which is taught jointly by University College London (UCL) and the
University
of Cologne. She will sit the German state exam in early 2022. Alongside
her
studies, she is working as student research assistant at the Institute
for International
and Foreign Private Law in Cologne. Since September 2020, she joined the
Asser Institute as a research intern for the Doing Business Right project
On 25
September 2020, the final hearings in the Kiobel case took place before
the Dutch District Court in The Hague. This case dates back to 25 years ago; and
the claimants embarked on a judicial journey that led them from the US to the
Netherlands. On 16 October 2020, the TMC Asser Institute hosted an online
roundtable discussion to present and discuss the arguments raised before the
Dutch court. The three panelists, Tara
Van Ho from Essex University, Tom de
Boer from Prakken d’Oliveira, and Lucas Roorda from
Utrecht University each provided their stance on the case and analyzed the
past, the present and the main issues of the proceedings.
Depending on the outcome of the case, Kiobel could
pave the way for further business human rights litigation in Europe. It raises
questions ranging from jurisdiction, applicable law, parent company liability
and fee arrangements to state sovereignty and the responsibility of former
colonial states vis à vis countries that emerged from colonial rule. Below you
will find the highlights of our discussion, you can also watch the full video
on the Asser Institute’s YouTube channel.More...