Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts by Doug Cassel

At Last: A Draft UN Treaty on Business and Human Rights

Posted on August 2, 2018

Longtime guest poster Doug Cassel comments on the recently released draft of a treaty on business and human rights. Drafting a viable, meaningful, United Nations treaty on business and human rights would be daunting in the best of circumstances. It is even more challenging in the context of the current effort underway in Geneva. The negotiating process began in 2014 when the UN Human Rights Council, split by geography and ideology, voted to initiate the drafting process by a bare plurality of the Council’s 47 member states. Since then, the process has crept along at a snail’s pace, with a first draft of a treaty emerging only now, four years later. The process has been boycotted by the United States, rebuffed by Russia, and…

+Read more

Doug Cassel on the Letter to the Special Rapporteur

Posted on February 10, 2016

Doug Cassel reponds to Aaron Marr Page’s post on the letter to the UN Special Rapporteur on Human Rights Defenders. Aaron Marr Page is right that human rights defenders are endangered, but wrong to try to wrap Steven Donziger in the protective blanket of their moral credibility. Donziger does not remotely merit the support of the UN special rapporteur on human rights defenders. Attacks and threats against human rights defenders do pose an enormous challenge. The UN Human Rights Council so recognized 15 years ago by establishing the position of the special rapporteur. Even so, in the Americas at least, defenders remain at risk. After reporting on the dangers for decades, the Inter-American Commission on Human Rights in 2011 established its own rapporteur on…

+Read more

Doug Cassel on Yaiguaje

Posted on September 9, 2015

Friend of the blog and Chevron advocate Doug Cassel weighs in with his reaction to the Yaiguaje decision. Stay tuned for my own reaction this afternoon. Last week’s jurisdictional decision by the Supreme Court of Canada in Chevron v. Yaiguaje is a first-inning victory for the Lago Agrio plaintiffs, in their quest for a foreign court to enforce their $9.6 billion Ecuadorian judgment against Chevron for harm allegedly caused by Texaco’s oil pollution decades ago. But first innings alone do not win ball games. The plaintiffs have a long way to go in Canada, and the toughest issues remain before them. As the Court made clear, “A finding of jurisdiction does nothing more than afford the plaintiffs the opportunity to seek recognition and enforcement…

+Read more