André Nollkaemper (University of Amsterdam – Amsterdam Center for International Law) has posted Cluster-Litigation in Cases of Transboundary Environmental Harm (TRANSBOUNDARY ENVIRONMENTAL POLLUTION: THE CASE OF CHINA, Michael Faure, Song Ying, eds., Edward Elgar, 2008) on SSRN. Here is the abstract:
In an increasing number of cases involving transboundary environmental harm, litigants pursue a parallel or serial litigation of overlapping or closely related claims before multiple courts. This phenomenon, that may be labbeled ‘cluster-litigation’ is well illustrated by teh range of cases brought in international and domestic coruts in connection with the planned construction of pulp mills in Uruguay that may lead to pollution of the river Uruguay.
This article will discuss the pros and cons of various options at international and domestic level that may be available to plaintiffs in cases of transboundary environmental harm; will identify the limitations of separate options for presenting claims and will explore the way in which, by pursuing multiple options, litigants may overcome such limitations in order to optimize their remedies.