Can workers enforce corporate reports in tort actions?
Credit: Dalle E
A growing number of statutes mandate publication of corporate performance in the areas of human rights, environment and sustainability, more broadly. The new article written by assistant professor Maxim Usynin explores whether corporate undertakings in such publications can form a basis for potential tort claims:
Forced labour is a widespread risk for workers in the shipping industry. Traditional approaches to tackling the problem rely on the rules of flag state and port state jurisdiction, leaving a significant margin of political discretion in dealing with violations of labour rights.
This article examines whether private enforcement mechanisms in the form of tort actions can play a role in securing the labour rights of workers and providing them with access to remedies. Following recent case law, it examines the possibility of enforcing the duty of care as stated in the company materials, in particular the growing number of corporate annual reports.
The article relies on empirical material, consisting of the statements published by shipping companies under the UK Modern Slavery Act [MSA]. In addition to the descriptive observations on compliance, the study carries out a content analysis of the statements, seeking to identify the patterns of reporting and industry best practices.
The final part of the article examines whether corporate undertakings as laid down in modern slavery statements can serve as grounds for tort liability. Based on the empirical data, the study concludes that the statements provide insufficient grounds for holding companies liable for labour rights violations.
Maxim Usynin, 'Article: Modern Slavery in Liner Shipping: An Empirical Analysis of Corporate Statements [pre-publication]', (2024), 40, International Journal of Comparative Labour Law and Industrial Relations, Issue 1 [pre-publication], pp. 1-36 (requires subscription).
An early pre-print of the article will be freely available for download as part of CEPRI Studies on Private Governance - Issue 7/2022 – Special Issue on Ocean Law.
The article forms one of the outcomes of the research project Maritime Management, Organization and Liability Law (2015-2021), funded by the Orient Fund.