Balancing Energy Development and Environmental Rights: From Foreign Litigation to International Insurance?
20 Pages Posted: 21 Apr 2015
Date Written: May 12, 2014
Abstract
This article examines the use of foreign direct liability suits, including the ones currently in the Dutch court system by Nigerian plaintiffs against Shell Petroleum, to protect environmental and economic interests in oil-producing communities. The paper suggests that while these suits are a valuable tool in advancing the cause of a clean environment, they fall short in accomplishing the goal. Additional tools, such as an international insurance scheme, may need to be introduced to create a more effective framework.
Keywords: Environmental Insurance; Foreign Direct Liability; Corporate Accountability; Energy Security; Human Rights; Oil Pollution; Multinationals; Shell Petroleum; MIGA
JEL Classification: K33, K39
Suggested Citation: Suggested Citation