Corporate control and tort liability in global value chains

Authors: Ger van der Sangen, Anne; id_orcid 0000-0003-2358-0290 Lafarre
Cited by: 0

Abstract

This chapter examines how the corporate law principles of legal personality and limited liability shape tort liability in global value chains. Focusing on multinational lead firms, it shows how parent companies use equity-based control to coordinate subsidiaries and consolidate returns while externalizing environmental and human rights harms. We analyse how asset partitioning and the rarity of veil piercing create strategic incentives and moral hazard, and assess five legal strategies to reallocate liability: tort-based veil piercing, enterprise liability, unlimited and control-based shareholder liability, and liability for conduct of others. We argue that control-based liability for lead firms offers a particularly promising way to internalize GVC-related harms.

Fields of Study & Subjects

Corporate Law and Human Rights Global trade sustainability and social impact Regulation and Compliance Studies

Publication details

Journal / source
Research portal (Tilburg University)
Publication date
1 June 2026
Language
EN
Document type
Book chapter