It will also assess whether oil pollution by a private company can be a violation of a community's fundamental human rights under the Nigerian Constitution and African Charter on Human and People's Rights.
Shell is in court today facing allegations it is responsible for oil pollution in Nigeria that left thousands without clean water and ruined farming and fishing.
Regardless of the cause of a spill, SPDC cleans up the areas affected by spills originating from its facilities and in the event of an operational spill, SPDC compensates any affected people and communities.
The initial trial, starting today in the High Court in London, will decide whether Shell can be held liable for pollution caused in the course of theft and illegal activity.
The company says it is not liable for pollution caused by others, but that its regional arm, SPDC, cleans up all spills, "regardless of the cause", including those being scrutinised in court.
