Strategic litigation and corporate accountability in the extractive sector

This project investigates how strategic litigation can be used to hold multinational corporations accountable for human rights violations and environmental destruction, particularly in the extractive industry. The focus is on companies headquartered in the UK and Europe with operations in Africa and Latin America, where communities often struggle to access justice due to jurisdictional challenges, limited legal resources, and corporate impunity.

Building on legal precedents such as the Vedanta and Royal Dutch Shell cases, the project examines how affected communities are increasingly turning to UK and European courts to challenge parent companies for human rights abuses committed by their subsidiaries abroad. While there have been notable successes, such litigation remains complex and faces significant obstacles, including:

• Jurisdictional barriers and the doctrine of the corporate veil
• Limited regulatory enforcement and the evolving role of international standards

Key objectives

1. Mapping strategic litigation trends – Analysing how communities in Africa and Latin America are using UK and European courts to seek accountability for extractive sector abuses.
2. Identifying legal and procedural barriers – Examining key obstacles that prevent victims from accessing justice, including corporate structures that shield parent companies from liability.
3. Comparative legal analysis – Evaluating litigation strategies and outcomes across different jurisdictions to identify successful approaches.
4. Enhancing legal frameworks – Providing recommendations on how UK and European legal systems can improve access to justice for affected communities.
5. Developing practical tools for civil society – Creating a litigation toolkit for NGOs and human rights organisations to strengthen legal advocacy efforts.

Impact and contributions

This research is directly relevant to policymakers, legal practitioners, and civil society organisations working on corporate accountability and access to justice. It aims to:

• Support ongoing legal cases by providing research-driven recommendations on corporate responsibility.
• Strengthen the regulatory landscape by identifying gaps in enforcement mechanisms.
• Equip NGOs and activists with practical strategies to navigate legal barriers and improve litigation outcomes.
• Contribute to the academic field of business and human rights, focusing on the role of litigation in advancing corporate accountability.

Project developed by Professor Angus Nurse and Dr Sebastian Smart.