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Human Rights Litigation Under the ATCA as a Proxy For Environmental Claims

By Natalie L. Bridgeman

Abstract

Suing corporations in U.S. courts for environmental harms abroad may soon be possible under the Alien Tort Claims Act (ATCA). Mhile several cases have been brought alleging environmental torts under the ATCA, no case has yet yielded corporate liability. Until courts accept environmental principles as part of the \u22law of nations,\u22 and therefore actionable under the ATCA, plaintiffs should use remedies available for human rights claims as proxies for their environmental claims. Because corporate international environmental law violations are frequently linked to human rights abuses, well-established human rights causes of action should be used to usher in the emerging justiciability of environmental claims

Topics: Human Rights Law, Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 2014
OAI identifier: oai:digitalcommons.law.yale.edu:yhrdlj-1035
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