Piercing the Veil of Environmental Liability in India Comparative Analysis Between India and USA

  • Pracheta Rathore
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  • Pracheta Rathore

    Student at Jindal Global Law School, India

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Abstract

The concept of piercing the corporate veil is the weakest brick in the edifice of company law, which has the power to both uphold and break the very structure of a company. In order to maintain the balance and ensure the building of the company and everything doesn’t fall apart the said brick of the corporate veil needs to be placed right without moving it around too much. Over the years, there seems to be an increasing struggle of managing environmental concerns while maintaining the corporate veil, and due to the unprecedented environmental damage, this struggle has become a concern. This article attempts to deal with the determination of such placement with an ecological lens, by comparing the existing structures within India and USA. For this purpose, it has been imperative to understand the difference between piercing the veil and lifting the veil as only then could we draw the blueprint of the future action plan. We have then delved into both statutes and precedent-based doctrines in both the said nations. The said analysis has helped reach the conclusion that if used right, then the concept of piercing the corporate veil can be used as an effective tool to address environmental concerns.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 1223 - 1231

DOI: https://doij.org/10.10000/IJLMH.113432

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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