Q: If an oil company committed an environmental or human rights crime in another country. Which country has jurisdiction?
A:
Jurisdiction over an oil company that commits environmental or human rights crimes in another country can be complex. Generally, the country where the crime occurred has primary jurisdiction. This means that the local courts and authorities will handle the investigation and prosecution.
However, the company's home country might also have laws that apply to its actions abroad. Some countries have extraterritorial laws allowing them to prosecute their nationals or corporations for crimes committed in other countries. This can include crimes against the environment or human rights violations.
Additionally, international bodies or courts might get involved if the crime is severe and affects multiple countries. Treaties and international agreements, like those under the United Nations, can provide mechanisms for addressing such crimes. It's crucial to consult legal experts who can navigate the specific laws and jurisdictions relevant to the case.
Tim Akpinar agrees with this answer
A: My colleague is correct. These can be complex settings. Local courts in the country of the incident could be a primary forum. The nation where the corporation is headquartered or does business could also be possible venue, depending on the nation's codes of civil procedure, and if the corporation is treated as a person for the purposes of jurisdiction, among other factors. There could also be prior agreements as to choice of law or conflict of law provisions. In environmental matters in particular, there are wide differences in standards across the globe, where developed nations may treat certain pollution incidents as strict liability crimes. Good luck
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