ABSTRACT
As capital is becoming ever more mobile, and multinational corporations ever more capable of dividing into a complex network of legal entities, their effective regulation is becoming increasingly difficult. By compartmentalizing their operations, multinationals have been able to dramatically increase their profit margins but also minimize their exposure to legal requirements. However, since the adoption of the UN Guiding Principles on Business and Human Rights, the need for business enterprises to carry out human rights due diligence has become more acute. This chapter looks at how the human rights due diligence requirements of business enterprises have been translated into civil litigation with a particular focus on the Shell cases in the Netherlands and in the UK.
