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Sarei and ors v Rio Tinto PLC and Rio Tinto Limited, Judgment on Motion to Dismiss, ILDC 604 (US 2002), 221 F.Supp.2d 1116 (C.D. Cal. 2002), 9th July 2002, United States; California; District Court for the Central District of California [CD Cal]

Reporter(s)

Zachary Sharpe, David Medlar

Sarei and ors v Rio Tinto PLC and Rio Tinto Limited, Judgment on Motion to Dismiss, ILDC 604 (US 2002), 221 F.Supp.2d 1116 (C.D. Cal. 2002), 9th July 2002, United States; California; District Court for the Central District of California [CD Cal]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 May 2019

Whether the exhaustion of local remedies was required before stating a claim under the Alien Tort Statute (‘ATS’) in the United States.

Whether the plaintiffs adequately pleaded that a sovereign state's medical blockade of an island was a violation of the law of war.

Whether racial discrimination could be the basis for a claim under the ATS.

Whether the rights to life and health could be violated by perpetrating environmental harm.

Whether a violation of the United Nations Convention on the Law of the Sea could be the basis for a claim under the ATS.

Whether Rio Tinto was liable for Papua New Guinea's conduct as a state actor for purposes of establishing a violation of the law of nations under the ATS.

Whether the act of state doctrine or political question doctrine barred adjudication of claims.

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