A Sour Battle in Lago Agrio and Beyond: The Metamorphosis of Transnational Litigation and the Protection of Collective Rights in Ecuador

26 Pages Posted: 9 Dec 2015  

Manuel A. Gomez

Florida International University College of Law

Date Written: December 4, 2015

Abstract

This article intends to explore the interplay between different dispute processing mechanisms and fora in the realm of transnational litigation, through the lens of the Chevron-Ecuador legal saga. My goal is to discuss the transformation of a transnational complex case and the challenges faced by the parties, their procedural strategies, and the perceived advantages of the different mechanisms. In this regard, I will also address the development of mechanisms for the protection of diffuse rights involving the environment; the role of the courts in supervising compliance with judicial remedies, their engagement in activities that go beyond their traditional role as simple adjudicators; and the role of privately formed entities in the administration and supervision of monetary awards in Ecuador.

Keywords: transnational litigation, collective rights, Latin America, Ecuador, class actions

Suggested Citation

Gomez, Manuel A., A Sour Battle in Lago Agrio and Beyond: The Metamorphosis of Transnational Litigation and the Protection of Collective Rights in Ecuador (December 4, 2015). University of Miami Inter-American Law Review, Vol. 46, No. 2, 2015; Florida International University Legal Studies Research Paper No. 15-35. Available at SSRN: https://ssrn.com/abstract=2699189

Manuel A. Gómez (Contact Author)

Florida International University College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States
(305) 348-1158 (Phone)

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