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Article: In dispute over pollution from mine in Papua New Guinea that sparked decade of violent uprisings, Ninth Circuit, in matter of first impression, concludes, inter alia, that Alien Tort Claims Act does not contain an exhaustion requirement.
- Article from:
- International Law Update
- Article date:
- August 1, 2006
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The Plaintiffs in this case are present and former residents of Bougainville, an island province of Papua New Guinea (PNG), who allegedly suffered violations of international law at the hands of the Defendant, Rio Tinto, PLC, a London-based mining corporation. The Plaintiffs assert that, with the aid of PNG's government, Defendant committed war crimes, crimes against humanity, and environmental devastation.
More than thirty years ago, Defendant set out to develop a copper and gold mine on Bougainville, offering the PNG government 19.1 % of the profits for its cooperation. Mining started in 1972, and involved the blasting of about 300,000 tons of ore and waste ...