University:
University College London
Course:
LAWS0002 | Property Law I
Academic year:

2024
Views:

318

Pages:

3
Author:

Namira A.

Group Companies and Climate Change Why Is This A Concern Today? Without additional mitigation, global mean surface temperature is projected to increase by 3.2 to 4.8°C over the 21st century. IPCC - Impacts Severe "Continued emission of greenhouse gases will cause further warming and long-lasting changes in all components of the climate system, increasing the likelihood severe, of pervasive and irreversible impacts for people and ecosystems." IPCC - Disproportionate Impacts In Global South "Countries in the tropics and Southern Hemisphere subtropics are projected to experience the largest impacts on economic growth due to climate change should global warming increase from 1.5°C to 2°C." (SPM, 1.5°, 11). Biodiversity Loss – Human Activity - 75% land surface significantly altered; - 66% ocean area increased cumulative impacts; - 85% wetlands have been lost. U.N. Secretary-General Antonio Guterres, 2019 "The point of no return is no longer over the horizon," Guterres told reporters. "It is in sight and hurtling toward us." Duty Of Parent Companies String of recent cases establishing a duty of parent companies: 1. For acts or omissions of their subsidiaries; 2. Primarily where harms affect subsidiary employees; 3. More recently where affect third parties. Timeline Of Cases 1. 2012 a. Chandler vs Cape Court of Appeal b. 4 Chandier Factors Subsidiary in UK 2. 2016 a. LUNGOWE vs Vedanta High Court b. Extended 4-factors in principle to third parties 3. 2017 a. OKPABI vs Shell High Court (Jan 2017) b. AAA vs Unilever High Court (March 2017) c. LUNGOWE vs Vedanta Court of Appeal (Oct 2017) d. OKPABI 4-factors could not be extended e. Vedanta 4-factors could be extended 4. 2018 a. OKPABI vs Shell Court of Appeal (Feb 2018) b. AAA vs Unilever Court of Appeal (July 2018) c. OKPABI-upheld High Court decision, but with dissent Unilever-4-factors could not be extended to subsidiary employees 5. 2019 a. LUNGOWE vs Vedanta Supreme Court b. Vedanta -upheld extension of 4 factors to third parties (cast doubt on Unilever approach) Chandler Factors 1. Businesses of the parent and subsidiary are in a relevant respect the same; 2. The parent has, or ought to have, superior knowledge in industry; 3. Parent knew subsidiary's system of work is unsafe; and 4. The parent knew subsidiary (or employees) would rely on that superior knowledge to protect subsidiary.

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University College London LAWS0002 | Property Law I

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