Courts and the Environment
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Courts and the Environment

Edited by Christina Voigt and Zen Makuch

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
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Chapter 12: The challenge of bringing transnational corporations to justice for environmental damage: a case study of Texaco Oil Company and Chevron vs Lago Agrio Plaintiffs

María Augusta León Moreta and Bingyu Liu

Abstract

This chapter aims to demonstrate how alternative forums that TNCs have to uphold their rights prevent the effective enforcement of environmental decisions at the national and international levels. The chapter addresses the class action lawsuit against Texaco filed by Ecuadorian villagers and indigenous communities in US federal courts, the suit against Chevron-Texaco before Ecuadorian courts, the development of legal procedures before Argentinian and Canadian courts, the impossibility to enforce Ecuadorian judgment in foreign jurisdictions, and the arbitration proceedings instituted by Chevron Corporation and Texaco Oil Company against Ecuador before international courts.

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