A Comparative Analysis of International Enforcement Procedures in the Chevron Case

Abstract

This article analyses comparatively the enforcement procedures of the Ecuadorian judgment in the famous Chevron case, related to environmental damages caused by oil drilling in Ecuador. Enforcement of the judgment was proposed in several American countries, such as the United States, Canada, Argentina and Brazil. The central issue is how private international law can assure the enforcement of a foreign decision related to human rights against a multinational business conglomerate. Central arguments used in the enforcement decisions concerned the legal separateness of subsidiaries and the public order exception. Some procedures are still pending final decision. The methodology used in this article involves a bibliographical and documental review, mainly of legislation and court decisions.