in may 2008 four nigerian fishermen and farmers from the villages of oruma

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  • 8/8/2019 In May 2008 Four Nigerian Fishermen and Farmers From the Villages of Oruma

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    In May 2008 four Nigerian fishermen and farmers from the villages of Oruma, Goi and Ikot Ada Udo, in

    the Niger Delta region, together with Friends of the Earth-Netherlands and Friends of the Earth-Nigeria,

    filed several lawsuits against Shell in the district court of The Hague, Netherlands, where the company

    has its international headquarters. The plaintiffs allege that Shell was negligent in its clean-up of oils

    spills in Nigeria and that their health was adversely affected by the of oil spills. The plaintiffs claim that

    Shell failed to adhere to international standards of good field practice in its Nigerian oil operations.They also seek damages for loss of fishponds and livelihood.

    The plaintiffs filed three separate lawsuits, each one addressing the impact of oil spillages in the three

    villages Oruma, Goi and Ikot Ada Udo. The Oruma lawsuit claims that oil spillages occurred on 26

    June 2005 and that Shell Petroleum Development Company of Nigeria (Shell Nigeria) (Shells Nigerian

    operating company) only closed the hole in the pipeline on 29 June 2005. Allegedly, the oil flowed into

    plaintiffs farmland and fishponds, polluting it and making it unfit for use. The plaintiffs further claim

    that the clean-up started in November 2005 and that neither the environment near Oruma nor their oil-

    polluted property has been adequately cleaned by Shell Nigeria. With regard to the allegations of

    negligence, the suit argues that Shell Nigeria acted negligently by allowing the oil spill to occur, or at

    least it did not prevent or limit it, and did not adequately clear the oil. Plaintiffs also allege that Shell plc

    (the parent company) was negligent because it did not ensure that its subsidiary carried out oil production

    in Nigeria in a careful manner, although it was able and obligated to do so. The other two lawsuits make

    similar claims regarding oil spillages in Goi and Ikot Ada Udo.

    On 13 May 2009 Shell submitted a motion to the court in the arguing that the Dutch courts lacked

    jurisdiction over the actions of the Nigerian subsidiary. On 8 July 2009 the plaintiffs filed their Statement

    of Defence to the Motion Contesting Jurisdiction at the Hague district court. On 30 December 2009, the

    Hague district court ruled that it did have jurisdiction over the plaintiffs case. This case is on-going. The

    hearings are scheduled to recommence in the summer of 2010.

    [PDF] Think globally, sue locally: Out-of-court tactics employed by plaintiffs, their

    lawyers, and their advocates in transnational tort cases

    Jonathan Drimmer, Steptoe & Johnson, released by U.S. Chamber of Commerce Institute forLegal ReformJune 2010

    Over the past 15 years, there has been a sharp rise in lawsuits brought against United Statescompanies, as well as foreign companies with a substantial U.S. presence, that are premised on

    alleged personal or environmental injuries that occur overseas...With increasing frequency,plaintiffs, their attorneys, and their advocates are employing aggressive out-of court tactics that

    approach, straddle, and sometimes cross ethical lines in seeking to gain litigationadvantages....The tactics...have clearly demonstrable patterns. Among them are: Aggressive

    media tactics...Community organizing tactics...Investment tactics...Political tactics...Fraudulentmisconduct...[refers to AirScan, Archer Daniels Midland, Bridgestone, Bridgestone-Firestone

    (part of Bridgestone), Brylane (part of Pinault Printemps-Redoute), Cargill, Chevron, Chiquita,Coca-Cola, Daimler, Del Monte Foods, Dole, Dow Chemical, Drummond, ExxonMobil, Gap,

    Gulf Oil, Levi Strauss, Mercedes-Benz (part of Daimler), Mobil Oil (part of ExxonMobil),Nestl, Occidental Petroleum, Petroecuador, Pfizer, PPR (formerly Pinault-Printemps-Redoute),

    Rio Tinto, Shell, Target, Texaco (part of Chevron), Union Carbide (part of Dow), Unocal (part ofChevron),

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    [PDF] Missing the Point: A response to the U.S. Chamber of Commerce report Think Globally,Sue Locally

    EarthRights International30 Jul 2010

    EarthRights International (ERI) has reviewed the June 2010 report Think Globally, SueLocally, by Jonathan Drimmer for the U.S. Chamber of Commerce Institute for Legal

    Reform...Think Globally is riddled with errors that betray the bias of the Chamber andundermine the reports conclusions...The basic observation underlying Thinking Globally is

    sound: companies that are sued for serious human rights and environmental abuses will oftenface public education and advocacy campaigns in addition to the litigation. This should not be

    surprising; what is objectionable, rather, is Mr. Drimmers insinuation that campaigns aresomehow manipulated or controlled by litigators to compel companies to settle weak cases case

    for their own financial gain. The report is so riddled with errors of fact and logic that theconclusions that it draws from this observation are anything but sound.Chinese demand for air pollution control products 18% annually through 2010Chinese demand for air pollution control products will rise nearly 18% annually through 2010 to 67.2

    billion, driven by robust increases in investment to treat the ever growing problem of air pollution.China will lead the world in both air pollution control demand as well as air pollution emissions

    through 2010. Domestic manufacturers of air pollution control products will continue to increasecapacities and remain key players in the market through 2010.Particulate removal equipment and systems to remain the largest and fastest growing product

    Demand for particulate removal equipment and systems will rise more than 20% yearly through2010, with a significant growth in market share expected. The electrostatic precipitator segment willretain the largest market share, but baghouses will see the fastest growth.Gaseous removal equipment and systems will grow 13.4% per year through 2010, driven primarily bydemand from stationary sources, which will continue to account for the major market share through2010. Demand from mobile sources will increase nearly 11% annually through 2010, primarily driven

    by China's rapidly rising stock of motor vehicles.Opportunities vary by region Among China's regions, the Northeast is projected to be the fastest

    growing air pollution control regional market, reflecting strong growth in the region's air pollution

    control expenditures. The Central-East, around the Yangtze River Delta, is the largest regionalmarket, accounting for nearly 40 percent of total air pollution control demand, based on the region'sdeveloped manufacturing industries and large number of coal burning power plants. The secondlargest regional market -- the Central-South, around the Pearl River Delta -- consumed more thanone-fifth of total demand in 2005. The Southwest and Northwest will remain the two mostunderdeveloped regions.Utilities sector to post fastest market gains

    Air pollution control demand in utilities projects will post the largest gains of any market. Demandwill be stimulated chiefly by increased electricity generation from coal burning power plants through2010, which also account for the major share of the utilities market.The manufacturing sector will remain the largest market for air pollution control products, withannual growth of 16.5% through 2010. This market will benefit from the strict emissions standards in

    manufacturing (such as the cement and steel industries). Demand will be further propelled by theChinese central government's involvement, as the government emphasizes environment protectionas an important part of its "Green GDP" campaign in the Eleventh Fifth-Year plan.

    Study coverageThe large and rapidly growing Chinese air pollution control market offers immense potential over theforecast period. In order to help you understand the market dynamics in China's ever expandingeconomy, Freedonia has published a new industry study that will provide you with the most up-to-date information and analysis you need to plan for your company's future in China.

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    Available for $4900, Air Pollution Control in China provides historical demand data (1995, 2000,2005) plus forecasts to 2010 and 2015 by product, market and region in China. In addition, thisstudy also considers market environment factors, profiles 35 participants in the industry andevaluates market share data.