Advocating for Local Exhaustion: The Amicus Brief Submitted on Behalf of the U.K. and Australian Governments in Sarei v. Rio Tinto

28th March 2012 By: Elizabeth Sheargold

Rio Tinto in Bougainville

On October 25, 2011, the Ninth Circuit handed down the latest decision in the Sarei litigation.  The British and Australian governments jointly submitted an Amicus Brief, which focuses on whether local remedies in the state in which the alleged wrongs occurred must be exhausted before a U.S. court can exercise jurisdiction under the Alien Tort Statute.  This report argues that the position of the British and Australian governments has significant merit as a matter of international law and as a question of policy.