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3 - Processes of Legalisation in Transnational Litigation

Published online by Cambridge University Press:  13 December 2025

Claire H. Palmer
Affiliation:
Sixth Floor Chambers, Sydney
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Summary

Some of the most decisive battles over the responsibilities of transnational corporations (TNCs) have been fought in domestic courtrooms – often far from where the alleged abuses occurred. The United States has hosted a substantial proportion of such cases against TNCs, supported by a legal framework that historically provided several plaintiff-friendly avenues. However, the landscape has become more challenging following the Supreme Court’s decisions in Kiobel v. Royal Dutch Petroleum Co. and Daimler AG v. Bauman. In Canada, the absence of an ATS-equivalent and the application of the doctrine of forum non conveniens have limited opportunities for litigation. However, recent decisions suggest more cases may flow to Canada in the future. In the United Kingdom, developments in the law relating to parent company liability have been particularly significant. In Across continental Europe, barriers such as limited access to class actions, prosecutorial discretion, and weak disclosure obligations continue to constrain transnational human rights litigation.

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