Balancing Energy Development and Environmental Rights: From Foreign Litigation to International Insurance?

20 Pages Posted: 21 Apr 2015

See all articles by Emeka Duruigbo

Emeka Duruigbo

Texas Southern University - Thurgood Marshall School of Law

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

Duruigbo, Emeka, Balancing Energy Development and Environmental Rights: From Foreign Litigation to International Insurance? (May 12, 2014). Groningen Journal of International Law, Vol. 2, No. 1, 2014, Available at SSRN: https://ssrn.com/abstract=2596342

Emeka Duruigbo (Contact Author)

Texas Southern University - Thurgood Marshall School of Law ( email )

3100 Cleburne Street
Houston, TX 77004
United States

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