Description/achievement of initiative
Through law reform initiatives, litigation funding projects and awareness campaigns to promote, facilitate and initiate mass tort actions and -where available - class actions for victims of pollution in developing nations, targeting both national and international corporations, consortiums, investors and governmental bodies violating environmental laws and causing pollution of air, soil and/or ground water with harmful effects to people, animals and the environment as such.
Implementation methodologies
General:
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.
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.
Members:
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.
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.
Arrangements for Capacity-Building and Technology Transfer
The project website will allow members to upload articles, memos, caselaw, presentations, etc. for all members to access.
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.
Online training and events will be organised along with the monthly telephone conferences.
Furthermore, the hope is also to attract the support of international associations specialised in environmental law, such as ELNI and EELF.
No technology transfer is envisaged for this project.
Coordination mechanisms/governance structure
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.
Partner(s)
Advokatfirmaet Jacob C. Jorgensen