Assisting in Litigation

Local Cases, International Law

EDLC is often asked by communities to enlist American lawyers to assist their local lawyers in cases brought before domestic courts. The cases typically involve violations of the rights of community members resulting from harm to their environment. While American lawyers are typically not familiar with the laws of other countries, they can still help in other ways.

For example, in cases of this type, the courts may be required to consider international law and the law of other nations. Yet local lawyers often lack the resources or training to address these issues. In addition, many judges have a limited understanding of the relevant international law to be considered in their decision-making.

As a result, EDLC and the firms with which it works often focus their efforts on analyzing the key issues under international law and comparative law, researching and writing legal briefs for submission to the court. Their international approach dovetails with the local lawyers’ focus on domestic law. And when such law is presented by outstanding lawyers from other countries, it serves to emphasize to the court that international law must be followed.

Environmental Human Rights

This type of legal brief is an especially important contribution because people affected by harm to their environment enjoy substantial protections under international law. The countries in which EDLC’s cases arise have usually ratified the relevant treaties, and are legally bound to protect the rights contained in these treaties.

For example, the major international and regional human rights treaties, and to a lesser extent certain international environmental law treaties, protect the rights of individuals and communities to:

• speak out on projects and practices that threaten harm to the environment.
• participate in environmental decision-making that affects them and their lands.
• have their traditional way of life and use of communal lands be protected.
• enjoy a healthy environment, free of pollution.

Law firms working with EDLC have written briefs on behalf of communities around the world for use in cases where these rights have been violated. The cases have included tackling health and environmental harm caused by pollution from oil production, fighting threats posed by mining projects, remedying the failure to provide clean drinking water, and defending speech critical of a wide variety of environmental harms.

The law firms often focus their efforts on analyzing the key issues under international law and comparative law.