Litigation as a Tool for Development: The Environment, Human Rights, and the Case of Texaco in Ecuador

Abstract

As the process of globalization continues into the twenty-first century, ensuring that transnational corporations are held accountable for their work abroad will be one of the greatest challenges faced by development specialists. In the current context, litigation in U.S. courts is an increasingly important tool in assuring that the people of underdeveloped nations do not suffer from the exploitation, pollution, and cultural degradation that has marked such countries’ “progress” in the past. This paper examines the case of María Aguinda et al. v. Texaco Inc., in which a group of indigenous Ecuadorans have sued the U.S.-based petroleum giant in response to environmental and human health damages resulting from its work in Ecuador in the 1970s and 1980s, in order to provide an example of one way in which litigation can foster development. In the context of the Aguinda case, this paper presents several specific recommendations for developing the legal means by which corporations can be held accountable on an international level beyond the U.S. court system.