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

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.