Columbus, OH asked in Environmental and International Law for New York

Q: If an oil company committed an environmental or human rights crime in another country. Which country has jurisdiction?

2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.