ABSTRACT
Whilst foreign investors undeniably bring development opportunities to host countries, the harm caused to local communities and to the environment arguably outweighs any economic benefits. From chronic diseases resulting from gas flaring to the torture of local activists, the history of the extractives sector in Africa has witnessed several instances of human rights abuse. This chapter examines the prospects of access to remediation for victims of environmental injury caused by multinationals operating in the Global South. Using the East African Crude Oil Pipeline (E.A.C.O.P.) and the subsequent case against oil and gas company Total SA as illustration, it argues that the plaintiffs are effectively muzzled due to the fragile independence of the judiciary in host countries and the unwillingness of courts in home jurisdictions to recognize the liability of parent companies. Adopting an analytical framework, this chapter reviews the public consultation phase of the project, the state of environmental justice in Uganda, and the feasibility of foreign direct liability claims under English law and French law.
