ABSTRACT
This article explores the issue of applicable law in cross-border negligence claims for damage arising out of unsafe working conditions. While there are special rules relating to environmental damage, no such equivalent exists for damage arising out of unsafe working conditions. Yet, such cases represent a significant subset of business and human rights claims. Through an analysis of the case of Begum v Maran¸ this article explores how the application of the lex damni under Article 4(1) Rome II allows transnational corporations to opt into a potentially more lenient liability regime by offshoring or outsourcing corporate activity. In response, the article suggests that in negligence claims for damage arising out of unsafe working conditions, the claimant should have a choice between the lex damni and the lex delicti.
Farrington, Francesca and Poesen, Michiel, Applicable Law In Claims For Damage Arising Out Of Unsafe Working Conditions: The Case of Begum v Maran (December 19, 2024), University of Edinburgh School of Law | LSGL Research Project Papers 2024.13-05.
Leave a Reply