9.1.0 Introductie

In the aftermath of the execution of the Nigerian activist Ken Saro-Wiwa, the leader of the Movement for the Survival of the Ogoni People (MOSOP), several legal proceedings were brought against oil company Shell, its Nigerian subsidiary and the Government of Nigeria in connection with human rights violations and environmental damage caused by the oil exploitation. This chapter will review the major related cases and the problems for the claimants in obtaining legal remedies against MNCs considering, inter alia, the concept of the ‘corporate veil’ and the uncertain application of human rights treaties’ obligations to corporations. This situation triggers the question to consider whether the present development of CSR, which habitually embraces the protection of human rights, could serve as an alternative response and have positive impacts with regard to regulating corporate conduct of the oil industry in a socio-political situation such as the one of the Ogoni People. Section 9.1 will outline the background and the context in which Section 9.1 will outline the background and the context in which the Shell operations in Nigeria took place. Section 9.2 will discuss the legal proceedings that have been commenced in connection with the exection of Ken Saro Wiwa. Section 9.3 will explain what the legal status is of an MNC under international human rights law and section 9.4 will provide an update of the Shell CSR activities in Nigeria. Section 9.5 contains the conclusion.