This panel discusses the rise of social and environmental litigation against transnational firms operating in Africa, by analysing both court cases from African courts as well as lawsuits brought to US and British courts. It will examine the legal as well as the wider social, political and economic relevance of this new phenomenon.
As elsewhere in the world, Africa has experienced a rise in litigation against transnational corporations for adverse environmental and social impact. Cape plc and R.T.Z. have been sued in British courts for environmental damage and for breach of employment rights in Africa. Companies, which sold products to South Africa’s former apartheid regime such as Fujitsu and IBM, are now being sued in US courts. Shell and Chevron are being sued in US courts for human rights abuses in Nigeria. At the same time, foreign firms have been successfully sued in African courts including Nigeria and South Africa for social and environmental damage. Bringing together key experts in the field, this panel explores the main relevant court cases and attempts to explain this phenomenon in the context of the rise of corporate social responsibility. The key innovation of the panel is to address litigation against transnational corporations in host countries in Africa as well as in home countries, as it is rare that both forums are tackled alongside one another. In addition, the panel discusses the wider social, political and economic relevance of the rise in litigation.