I agree with you, Doug. But I think the idea of the “banana republic” is part of the appeal of Chevron’s case, just as the idea of the rapacious oil company is part of the appeal of the Ecuadorans’ case.

My criticisms, at least, have never been intended to slam Latin American justice as a whole. Some countries do very well: Uruguay’s judiciary, for instance, deservedly ranks very high by every measure I know of. However, the quality of justice can vary markedly from country to country in Latin America, and even within countries. Justice in the federal courts of Brazil, for example, is generally held in higher regard than that which is on offer, either in Brazilian state courts, or in some of Brazil’s neighbors.

In that context, although I am not privy to the company’s thinking on the subject, I certainly would not interpret its reference to “any jurisdiction that respects the rule of law” to imply a wholesale condemnation of Latin American jurisprudence. That would be as untenable as it would be unfair.