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Environmental Destruction

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Chapter Summary

This chapter addresses the issue of whether Alien Tort Statute (ATS) can serve as an instrument to achieve a minimum ecological business conduct of transnational corporations (TNCs) regardless of where they are doing business. It discusses the direct actionability of international environmental law under ATS. From the early times of modern ATS litigation, plaintiff s in various cases have resorted to various instruments and documents in international environmental law to recover damages caused by business conduct with a tremendous impact on the environment. The chapter analyzes claims based on environment-related international human rights law as a vehicle for enforcement. The 1982 World Charter for Nature recognizes the right of the individual to participate in decision-making and have access to means of redress in case the environment has suffered damage or destruction. The chapter examines the potential of international humanitarian law protecting the environment.

Keywords: environmental destruction; International Environmental Law; international human rights law



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