Union Carbide Corporation (UCC) Bhopal vs Union Of India

Union Carbide Corporation (UCC) Bhopal vs Union Of India

Principle:

A state may exercise civil and criminal jurisdiction over its national on the basis that nationality is a mark of allegiance.

Known as Active nationality principle.

Fact:

In 1984 an explosion of a gas tank has occurred as the tank was leaked due to negligence and as a consequence, thousands of people died and suffered many more. The accident has occurred in the factory of Union Carbide Corporation which was a multinational company and it’s headquarter was situated in USA.

India adopted the active nationality principal and sued the company in a court of USA, so that they can claim more money as compensation. But the USA court interpreted in a view of Passive Nationality principal and said the forum is not right to sue the company.

Issue:

Whether it is appropriate to claim damages under Active nationality principle in USA Court by India?

Decision:

The court held that USA is not the proper place to institute this case.

Reasoning:

USA show the cause that, USA is not the correct place as the Indian court may have more evidence and document regarding the incident; they interpreted it with the help of Passive Nationality Principal.

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Rayhanul Islam

Rayhanul Islam

Rayhanul Islam is a lawyer by profession, he is also a researcher. Critical thinking is his main focus. He is the founder and Editor in Chief of Law Help BD. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human right concept to the root level. e-mail: rayhan@lawhelpbd.com

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