This paper addresses the extraterritorial dimension of transnational corporations, focusing on the corporate accountability-deficit that characterizes the current International legal framework. The analysis looks at parent companies’ civil liability for environmental harm caused abroad. By introducing a selected number of foreign direct liability cases brought before European national courts, the paper investigates whether the binding environmental and human rights reporting obligations contained in Directive 2014/95/EU contribute to the determination of a parent company’s duty of care towards its overseas subsidiaries, and consequently establish their potential liability.
Intelligent internationalization, as outlined by Laura Rumbley in 2015, is a relevant notion to explore in specific institutional settings. The setting in this contribution is that of The Hague University of Applied Sciences (THUAS) and in order to understand intelligent internationalization in practice, the specific setting of the institution needs to be clarified first. The Hague, with its approximately 530,000 inhabitants, is not the capital of the Netherlands, but is the seat of government and therefore houses the parliament, ministries, embassies, and is also the residence of the royal house. The Hague has a long tradition as the host of international institutions. The 1899 and 1907 peace conferences were held in the city and the Peace Palace, opened in 1913, is home to the International Court of Justice (ICJ), the principal judicial organ of the United Nations and to the Permanent Court of Arbitration (PCA). Since 2002, The Hague also houses the International Criminal Court (ICC). The city thus provides a learning environment for all students (both domestic and international) at THUAS, not only through the internships that are a key component of all programs, but also through engagement with cultural organizations and local communities. The Hague University of Applied Sciences provides higher professional education to about 28,000 students, in more than 50 bachelor’s programs, as well as in a limited number of applied master’s programs. Nine programs are delivered in English. THUAS is an UNESCO institution and aims to be the most international university of applied sciences in the Netherlands by 2020, focusing on world citizenship skills, such as critical thinking, problem solving, and intercultural competence for all its students. THUAS’ student body is highly diverse with approximately 40% of its students having a non-Dutch background.
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In May 2018, the new Dutch Intelligence and Security Services Act 2017 (Wet op de Inlichtingen- en veiligheidsdiensten, Wiv) will enter into force. It replaces the previous 2002 Act and incorporates many reforms to the information gathering powers of the two intelligence and security services as well as to the accountability and oversight mechanisms. Due to the technologyneutral approach, both the civil and the military intelligence services are now authorized to, for example, intercept communications in bulk, hack third parties, decrypt files, store DNA or use any other future innovative technology. Also, the national security legislation extends the possibilities for the indiscriminate collection of data, and for the processing, storage and analysis thereof. The process leading to the law includes substantial criticism from the various stakeholders involved. Upon publication of this report, an official consultative referendum is being organized on the new act. The aim of this policy brief is to provide an international audience with a comprehensive overview of the most relevant aspects of the act and its context. In addition, there is considerable focus on the checks and balances as well as the bottlenecks of the Dutch intelligence gathering reform. The selection of topics is based on the core issues addressed during the parliamentary debate and on the authors’ insights.
