‘Corporate civil liability for breaches of customary international law: Supreme Court of Canada opens door to common law claims in Nevsun v Araya

“In a landmark judgment for transnational human rights litigation, the Supreme Court of Canada in Nevsun Resources Ltd v Araya, 2020 SCC 5 has opened the door for litigants seeking redress for human rights violations in Canadian courts. Significantly, the Supreme Court held that customary international law can give rise to a direct claim in Canada with respect to allegations of forced labour; slavery; cruel, inhumane and degrading treatment; and crimes against humanity. The Court also held that corporations may be liable for violations of customary international law. In this article, we examine the judgment in detail and consider the practical consequences for businesses …” (more)

[Julianne Hughes Jennett and Marjun Parcasio, EJIL: Talk!, 29 March]

Leave a Reply