A Dutch appeals court reversed a lower court decision and found Shell Petroleum Development Company of Nigeria (SPDC), responsible for several oil spills impacting three Niger Delta communities. In a first for a Dutch court, it also found that Royal Dutch Shell, SPDC’s parent company, breached a duty of care for foreign operations.
Investor State Dispute Settlement: Just for Corporations?
I’ve been toying with the idea of whether Investor State Dispute Settlement (ISDS) tribunals could be used for anything but evil. Rather than repeat the many, many detailed and well-researched critiques of ISDS, this post is about whether ISDS could be used to benefit the public, rather than just expand corporate power.
I see two ways to approach this: (1) by redefining who could be a “foreign investor”, and (2) by exploring human rights counter-claims brought by governments.