Judicial remedies: The issue of applicable law

Abstract

This chapter addresses the issue of applicable law, thus dealing with the question of under what circumstances the national rules of tort law of the EU Member States would be applied in cases brought before EU Member State courts against EU-based internationally operating business enterprises in relation to the harmful impacts of their activities – or those of their subsidiaries or business partners – on people and the planet in non-EU host countries. In addition, it also addresses some of the main practical and procedural barriers that host country victims of corporate human rights and environmental abuse may encounter when seeking to get access to remedy before EU Member State courts.