Extraterritorial jurisdiction — the magic wand in enforcing corporate accountability in Uganda’s oil sector?

Abstract

For decades, Global North multinational corporations have perpetrated human rights violations and escaped liability through complex corporate structures. The use of extraterritorial jurisdiction has been presented as a solution to close the accountability gap. This thesis examines how the principle has been applied in the enforcement of corporate accountability to hold Europe-based multinational corporations accountable for human rights violations in the Global South. The thesis looks at international and African regional perspectives on the subject and eventually takes for its province Uganda's oil sector as a domestic case study. Doctrinal research was undertaken, complemented by semi-structured interviews of professionals and civil society organizations in the field of corporate accountability. The research revealed that there is inadequate academic literature on extraterritorial jurisdiction in the enforcement of corporate accountability from an African perspective. It is hoped that this thesis will contribute to efforts to close this gap and guide policymakers at the African level and in Uganda in formulating and implementing policies to hold multinational corporations accountable. The study's findings demonstrate that extraterritorial jurisdiction is not a flawless solution and, therefore, must be implemented together with other strategies, such as mediation and arbitration.