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View Diary:  Chevron Amazon Disaster on 60 Minutes/UPDATE with clip (249 comments)

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  •  Not unless Ecuador agreed to *indemnify* Texaco (0+ / 0-)

    Little point of law there.  The Ecuadorian government settling with Texaco doesn't do anything with respect to third parties; it may be a nice argument for the newspapers, but in court it's worthless.  

    If Ecuador had agreed to indemnify Texaco, it would be different.  In that case, the suit would still go forward, but any fines would be paid by the Ecuadorian government.

    -5.63, -8.10. Learn about Duverger's Law.

    by neroden on Sun May 03, 2009 at 10:04:15 PM PDT

    [ Parent ]

    •  "Third Parties" (0+ / 0-)

      It's a bit absurd to imagine that the citizens of a country are third parties with respect to agreements made by their own country.  What else would give the government standing but the right to bind its citizens?  Texaco had been out of the country for three years; it was not a commercial dispute among business partners, it was a settlement of previous environmental harm.

      It is even more absurd to imagine that in this case the citizens are a third party, what with the Ecuadorean government offering to "mediate" the dispute.

      Ecuador wants another bite at the apple.  They got money once, they want to get it again.  And if for some reason Chevron were to pay the verdict, another 30,000 Ecuadoreans would step forward and press a claim.

      •  So the Solution should be what (0+ / 0-)

        No payments because individuals are fighting for their rights or they should just wait it out until all the legal settlements are compiled as one... i dont understand your rationale or thinking.

        When a company polutes a public water for example or failed to protect its citizens like 9-11, the citizens are not obligated to adhere with the principles of the govt. They can file a mass lawsuit or file individually as they so chooses, so these folks just like others have a right to file the claim as they want.

        Texaco should be the one that should go on the ground, and try to reach a mass agreement and settlement in order to save them from future lawsuits if they so chooses. Thats their only hope. Either way i doubt if they will pay anything anyways...Americans companies are the invisible hands of one can hold them accountable for anything even the killings of our soldiers via electrocuting.

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