Nollkaemper, André --- "Cluster-Litigation in Cases of Transboundary Environmental Harm" [2008] ELECD 343; in Faure, Michael; Ying, Song (eds), "China and International Environmental Liability" (Edward Elgar Publishing, 2008)

Book Title: China and International Environmental Liability

Editor(s): Faure, Michael; Ying, Song

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207524

Section: Chapter 2

Section Title: Cluster-Litigation in Cases of Transboundary Environmental Harm

Author(s): Nollkaemper, André

Number of pages: 27

Extract:

2. Cluster-litigation in cases of
transboundary environmental harm
André Nollkaemper

1 INTRODUCTION

In this chapter I will discuss the phenomenon of cluster-litigation in cases
of transboundary environmental harm. With the term `cluster-litigation', I
refer to a parallel or serial litigation of overlapping or closely related claims
before multiple courts.1
The phenomenon of cluster-litigation in cases of transboundary envi-
ronmental harm is a consequence of the fact that, in many such cases,
private claimants who are injured by environmental harm originating from
across the border may use multiple options to present a claim for repara-
tion.2 They may bring a claim against private parties that caused such
harm, for instance an industrial facility emitting waste water. They may
also bring claims against foreign states under whose jurisdiction such harm
originated and that have failed to take appropriate measures to prevent the
harm. In other cases, private injured parties may rely on the state of their
nationality to bring a claim against the wrongdoing state and to seek repa-
ration on behalf of their nationals. They may also consider claims against
international organizations that support (for instance by providing loans)
activities resulting in transboundary environmental harm.
A good illustration of cluster-litigation in response to transboundary
environmental harm is the range of cases brought in connection with the
planned construction of pulp mills in Uruguay that may lead to pollution

1 Romano (2007b, p. 796) uses the term in reference to procedures at

international level. This ...