Access to justice for victims of pollution in developing countries
Description
General:<br />
Through a network of international litigators specialised in environmental disputes, personal injury claims, mass tort proceedings and class actions, the idea is to form regional working groups with local lawyers who are willing to approach relevant authorities in developing countries with the aim of creating awareness of the project, where necessary and possible law reform initiatives and a general basis for cooperation.<br />
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In areas where pollution already exists and where possible defendants can be identified, the idea is for the regional working groups and their local law firm partners to approach affected individuals to create awareness of the possiblity of initiating legal proceedings and where possible to take steps to do so, by forming and organising a group of plaintiffs and on their behalf raise claims against defendants.<br />
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Members:<br />
As a co-author and editor of the Kluwer book "Finding, Freezing and Attaching Assets", I have access to a network of more than 40 litigators spread over 20 jurisdictions. My thought is to use this network to start the project and ask each of my colleagues across the globe to find 2-3 colleagues in other jurisdictions. This way, we should be able to quickly cover most of the relevant countries.<br />
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The hope is that the law firms involved will donate pro bono time in support of the project. The lawyers in the developing countries fronting the lawsuits and campaigns will work on a normal fee basis. Where litigation funding and/or contingency fee arrangements are available, this will be pursued.
The project website will allow members to upload articles, memos, caselaw, presentations, etc. for all members to access. <br />
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A lessons learned section on the website will be included as well as a chat forum to promote the exchange of experience and knowhow in relation to the project.<br />
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Online training and events will be organised along with the monthly telephone conferences.<br />
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Furthermore, the hope is also to attract the support of international associations specialised in environmental law, such as ELNI and EELF.<br />
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No technology transfer is envisaged for this project.
Coordination of the project will involve monthly telephone conferences with representatives of the regional working groups. A website will be established with updates, resources, a chat forum, biographies and contact details of the members, online meetings via video uplink, etc.
SDGS & Targets
Goal 16
Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels
16.1
Significantly reduce all forms of violence and related death rates everywhere
16.1.1
16.1.2
16.1.3
Proportion of population subjected to (a) physical violence, (b) psychological violence and/or (c) sexual violence in the previous 12 months
16.1.4
Proportion of population that feel safe walking alone around the area they live after dark
16.2
End abuse, exploitation, trafficking and all forms of violence against and torture of children
16.2.1
Proportion of children aged 1–17 years who experienced any physical punishment and/or psychological aggression by caregivers in the past month
16.2.2
16.2.3
Proportion of young women and men aged 18–29 years who experienced sexual violence by age 18
16.3
Promote the rule of law at the national and international levels and ensure equal access to justice for all
16.3.1
Proportion of victims of (a) physical, (b) psychological and/or (c) sexual violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms
16.3.2
16.3.3
Proportion of the population who have experienced a dispute in the past two years and who accessed a formal or informal dispute resolution mechanism, by type of mechanism
16.4
By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime
16.4.1
16.4.2
16.5
Substantially reduce corruption and bribery in all their forms
16.5.1
16.5.2
16.6
Develop effective, accountable and transparent institutions at all levels
16.6.1
16.6.2
Proportion of population satisfied with their last experience of public services
16.7
Ensure responsive, inclusive, participatory and representative decision-making at all levels
16.7.1
Proportions of positions in national and local institutions, including (a) the legislatures; (b) the public service; and (c) the judiciary, compared to national distributions, by sex, age, persons with disabilities and population groups
16.7.2
16.8
Broaden and strengthen the participation of developing countries in the institutions of global governance
16.8.1
Proportion of members and voting rights of developing countries in international organizations
16.9
By 2030, provide legal identity for all, including birth registration
16.9.1
16.10
Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements
16.10.1
16.10.2
16.a
Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime
16.a.1
16.b
Promote and enforce non-discriminatory laws and policies for sustainable development
16.b.1
SDG 14 targets covered
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Contact Information
Jacob C. Jorgensen, Attorney-at-Law