The Remediation of Business-related Human Rights Violations caused by EU Oil and Gas Corporations

Youseph Farah, Malakee Makhoul

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

European Union based oil and gas corporations occupy a significant share of the extractive industry and have a significant global reach. While this can bring benefits for communities by creating wealth and jobs, adding value and providing services, sometimes corporate activity can have an adverse effect for people and the environment. When this happens, the people whose human rights have been affected often seek reparation and expect the company to be held to account.
Victims have increasingly sought a remedy in the home state of the parent company either in relation to its direct act or the unlawful conduct of its subsidiary in the host state or even business partners. Whilst there are some isolated success stories, evidence suggests that victims choosing court litigation within the EU or in other home states such as the US, continue to face factual and legal challenges associated with court litigation.
We place the debate within the EU’s commitment to business and human rights. The European Commission has endorsed the ‘United Nations Guiding Principles on Business and Human Rights’ (UNGPs), and has committed to supporting their implementation, encouraging corporations to adhere to internationally recognised human rights, guidelines and principles. In relation to the oil and gas sector the European Commission issued a non-binding ‘Oil and Gas Sector Guide on Implementing the UN Guiding Principles on Business and Human Rights’ advising on how to implement the corporate responsibility to respect human rights in daily business operations. More recently the EU institutions have agreed on a draft proposal for a Directive on Corporate Sustainability Due Diligence which will have direct and significant impact on the business practices and the accountability of big oil and gas corporations.
Original languageEnglish
Title of host publicationResearch Handbook on EU Energy Law and Policy
Number of pages29
Edition2
Publication statusAccepted/In press - 2024

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