Identifier: TFG:168
Authors: Salvat Prieto, Meritxell
Abstract:
The purpose of this work is the study and analysis of the conflicts that arise when a case where there has been environmental damage, are intended to repair the same transnational or international level, as in the same states where there were not possible persecution and / or repair. These difficulties are responsible for search and request repair environmental damage caused is often complicated , as many of these damages occur in developing countries where there are large multinational activity in extractive matter with headquarters outside the country in which it operates -usually a developed State-, and given the inactivity of the countries which produce damage for fear of losing large foreign investment extractive exploitation of a particular natural resource, such as oil, can result in the national economy. Environmental damage are often associated with the human rights abuses , since the former have significant impact on human life; the right to a healthy environment is linked directly to the right to health and public safety, so it is not surprising that environmental damage have significance beyond the physical biological damage. In the present work, the aim is to analyze two cases that occurred about environmental damage and the victims have been forced to litigate outside of where they have been and where they are national litigator in the state where the multinational company has its headquarters, demonstrating the enormous obstacles and difficulties that are given the choose between the written law and the effective action and given the lack consensus among States to regulate this matter so international evenly.