'Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in the English Courts' - Dr Ekaterina Aristova

Dr Ekaterina Aristova

Ekaterina is an academic and lawyer specialising in the field of business and human rights. Her work focuses on strategic human rights and environmental litigation. She examines how conventional private law doctrines evolve in response to global challenges and are used creatively in different jurisdictions to foster human rights and environmental accountability. Since 2019, Ekaterina has been a Research Fellow at the Bonavero Institute of Human Rights (Faculty of Law, University of Oxford), where she convenes a course ‘Business and Human Rights - Real World Accountability’ and supervises postgraduate students. In 2022, she was awarded a prestigious Leverhulme Early Career Fellowship to complete a project on climate change litigation against corporations. Ekaterina is a co-editor of ‘Civil Remedies and Human Rights in Flux’ (Hart Publishing 2022) and ‘Civil Liability for Human Rights Violations: A Handbook for Practitioners’ (Bonavero Institute of Human Rights 2022). You can follow Ekaterina on Twitter.

Tort Litigation against Transnational Corporations: The Challenge of Jurisdiction in the English Courts (OUP 2024)

Book Blurb:There is an emerging trend of private claims being brought against parent companies of transnational corporations for their alleged involvement in human rights and environmental abuses committed abroad. These cases form part of an international effort aimed at strengthening responsible business conduct, the success of which depends on the rules governing domestic courts’ power to adjudicate disputes. However, in an increasingly globalised environment, the territorial focus of the adjudicative jurisdiction is often contrary to the transnational nature of the business activities. Tort Litigation against Transnational Corporations offers a new angle to the business and human rights discourse by placing the discussion of parent company liability cases in the context of the topical debate about the changing role of private international law in a globalised world.

What made you write on this topic?

In 2006, I had my first exposure to the problem of corporate accountability for human rights violations through the prestigious Jessup International Law Moot Court Competition. That year, the competition’s problem revolved around the fictitious Case Concerning the Elysian Fields between Acastus and Rubria. The dispute centred on a territorial and environmental conflict between the two states, triggered by the activities of a TNC during the construction of an oil pipeline. It drew parallels to the real-world legal battle in the groundbreaking US case of Doe v Unocal concerning the Yadana gas pipeline in Myanmar. I was fascinated by the existing governance gap and debates surrounding cross-border business operations.

Since 2006, the business and human rights field has undergone significant transformation, including the rise of tort litigation against TNCs outside the US, the unanimous adoption of the UN Guiding Principles on Business and Human Rights and the emergence of mandatory human rights due diligence legislation. I am trying to capture how the law in different jurisdictions responds to global problems.

How long did it take to produce your book from initial conception to publication?

Over 8 years. The book is based on the doctoral thesis written between 2015 and 2019. Following the completion of my PhD, I deliberately refrained from engaging with the material for approximately a year to gain perspective and distance myself from certain arguments. While I secured a book offer in 2021, the unforeseen challenges brought about by the COVID-19 pandemic significantly impacted the revision process.

What is the most difficult part about writing for you?

The challenging aspect of my writing lies in navigating the rapidly changing landscape of business and human rights litigation. With ongoing cases and new research emerging weekly, I must stay updated while avoiding a purely descriptive or policy-based approach. My aim is to offer a theoretical assessment of these developments, contributing to a deeper understanding of corporate duties within the realm of human rights. This balance between staying current and contributing to the normative discourse is not always easy to maintain.

Why should people read your book?

I am examining high-profile cases, such as oil pollution in Nigeria, forced labour in Asian supply chains, and deforestation in the Amazon, which have garnered attention in the news. The book delves deeper into these case studies, providing insights and analyses from the fields of tort law, private law, and business and human rights. The book follows the interdisciplinary approach, appealing to colleagues and experts with diverse perspectives and offering a nuanced understanding of the legal, ethical, and policy implications involved. My engagement in applied research adds a practical dimension to the book. Through collaborations with lawyers, funders, and activists, I try to understand why legal arguments in litigation are framed in a particular way, what are the challenges experienced by the litigants, and what comparative lessons can be learnt across different jurisdictions.

What book is currently on your bedside table?

For pleasure reading, I’m enjoying the graphic adaptation of Yuval Noah Harari’s Sapiens series with my daughter Zhanna. The illustrations are gorgeous, and the text is accessible for kids, making it a delightful experience for both of us. I’m also diving into ‘Business and Human Rights’ by Robert McCorquodale. As a big fan of his scholarship and having had the privilege of being examined by him during my PhD, I find this book as both a source of inspiration and new knowledge.

What are you working on now?

I am a lucky recipient of a Leverhulme Early Career Fellowship. My project on corporate climate litigation commenced in 2022. Since then, I have learnt so much about the field and met passionate lawyers, scientists, activists, and thinkers who focus on tackling the climate crisis. Last year, I organised a workshop at the Bonavero Institute of Human Rights in Oxford, bringing together over 50 experts involved in climate litigation in Europe. I am working on a few journal articles now focusing on trends and patterns in corporate climate litigation, case studies and the scope of climate-related corporate duties.