Frequently Asked Questions
What can American and European lawyers do to help environmental defenders so far away?
A lot! For strategies, case examples, and results, see Who are environmental defenders?, Law firm program, and the extensive Cases section.
Do environmental defenders want help from American and European lawyers?
They certainly do. EDLC is always careful to be sure that the environmental defenders want such help, and that they feel the help would be beneficial to their case. Environmental defenders have been deeply appreciative of the outstanding work done by the lawyers.
To work on an EDLC case, does a lawyer need to speak another language, know local law, or travel abroad?
Some cases require fluency in a foreign language (most often Spanish), while many do not. Lawyers can usually work on an EDLC case even if they do not speak a foreign language. Knowledge of local law is not a requirement.
Some cases require one or more trips to the country where the case arises, and others are handled exclusively from the United States or Europe. Lawyers working on EDLC cases have traveled to a half dozen countries, and the list is growing.
What gives American and European lawyers and EDLC the right to become involved in what some may consider to be the internal affairs of other nations?
Most importantly, the environmental defenders themselves want help from American and European lawyers, and EDLC is unaware of any law that prohibits the lawyers from providing that help. It has also become increasingly common for clients in one nation to be represented by lawyers who live in another nation- indeed, national governments frequently hire American and European lawyers to represent their interests in their own country and in international matters. And not least, environmental and human rights issues have long been recognized as matters of international concern, and have long been the subject of international law.
How does EDLC select its cases?
In each case undertaken by EDLC:
- legal services for the environmental defender(s) are either inadequate or completely unavailable,
- there is an important role to be played by lawyers willing to provide the requested services,
- the client desires assistance from the lawyers, and
- a capable and reliable local lawyer or non-governmental organization is available to serve as a team partner.
EDLC helps environmental defenders whose cases satisfy the above criteria. But EDLC specializes in cases of international significance, and cases where innovative legal strategies can be developed that can be replicated in the future to help other environmental defenders.
How does it all work?
EDLC identifies appropriate cases, screening the cases from a lawyer’s perspective. See How does EDLC select its cases? EDLC then enlists lawyers to perform the work and assists them in deciding on strategies to be used in the case. The lawyers then perform the work in close consultation with the client, and with EDLC available on an as-needed basis to provide advice, act as a liaison, and help obtain additional forms of support. EDLC may also be the client, as when the organization appears in a particular case as a friend of the court.
A common thread in the legal approaches devised by EDLC and implemented by the lawyers is to both emphasize and “internationalize” the human rights issues that are invariably present in EDLC cases. Whether in their legal briefs, or in their on-site or behind the scenes advocacy efforts, the lawyers demonstrate to the decision-makers how the acts complained of represent violations of both international human rights law norms and the treaty obligations of their governments.
the lawyers.