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9 Amsterdam L.F. 29 (2017)
The Case of Chevron in Ecuador: The Need for an International Crime against the Environment

handle is hein.journals/amslawf9 and id is 258 raw text is: 






                                                AMSTERDAM
                                                LAW FORUM




       Scientific

       THE CASE OF CHEVRON IN ECUADOR: THE

       NEED FOR AN INTERNATIONAL CRIME

       AGAINST THE ENVIRONMENT?


       Audrey Crason *

                               ABSTRACT
        This article discusses the necessity for the establishment of an
        international environmental crime. There is a growing feeling of
        impunity regarding serious environmental damage resulting from
        corporate activity. As a response, numerous scholars and lawyers
        advocate for the recognition of an international crime against
        environment.  By  analysing the  environmental and  health
        consequences of Chevron's oil activity in Ecuador and the subsequent
        legal battle, this article highlights the imbalances that exist between
        multinational corporations (MNCs), states, and individuals regarding
        access to justice and remedies, and shows how the international legal
        framework could be described as 'corporate-friendly' when it comes
        to serious environmental damages. It then offers an overview of the
        opportunities and arguments in favour of a separate international
        crime.
        Keywords: Chevron; Environmental Damage; International Criminal
        Court; International Environmental Crime; Criminal Sanctions;
        International Repression.


Introduction

In October  2014, an association of Ecuadorian victims of serious environmental
damage  - caused in Lago Agrio - by the oil company Chevron lodged a complaint
against the CEO and other high-ranking officials of Chevron Corporation for crimes
against humanity. The complaint was submitted to the Prosecutor of the International
Criminal Court (ICC), in order to further investigate and open legal proceedings on
the alleged crimes. Such action brought before the ICC against a private person for
environmental damage  committed on behalf of a multinational company was a first.
This original attempt fits within the growing desire to hold corporations and private
persons criminally accountable for great and long term damage to the environment,


Audrey   Crasson holds a Master's Degree in Intemational Crimes and Crimnology from
Vr7  Universiteit Amsterdam, as well as a Master's Degree in Civil and Crinu'al Law and a
Law Degree from uiversitd Catholique de Louvain. She recently completed a thesis on the
prospects for prosecutihg environmental damage at the International Criminal Court

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