The duty of care of parent companies: a tool for establishing a transnational environmental civil liability

Abstract

The duty of vigilance of parent companies in respect of the environmental damage caused by the activities of their subsidiaries abroad occupies an increasingly important place in various rights. While the legislator came to recognize this duty in French law, the judge offers him a place in Common Law and the companies themselves recognize it in the transnational order. However, this article aims to show how, in complement and interaction, under the action of the legislator, the judge and the addressees of the duty, the bringing into play of the responsibility of the parent companies in a transnational dispute could be facilitated. The duty of care could become an important tool of environmental responsibility.