Laptop Battery The Unocal oil company is about to become the first corporation
in history to stand trial in the United States over human rights
violations abroad.
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Thinkpad And two Seattle law professors are helping to make history in
the shocking case, in which corporate partners used Myanmar's
notoriously brutal military regime to provide "security" for a
natural gas pipeline project in the
remote Yadana region near the Thai border.
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Microsoft The long-delayed trial starting next week in California will
determine whether Unocal, a major investor in the project, is
legally responsible for the military's abuse of villagers
living along the pipeline
route.
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Laptop Computers It's a case involving allegations of forced labor, rape, torture
-- even killing. But mainly it's about corporate responsibility and
how far it reaches beyond American soil and beyond corporate walls
separating subsidiaries from parent companies.
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Laptop Computer That's where Seattle University professors Kellye Testy and
Julie Shapiro come in.
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Desktop Computer Lawyers for the villagers hired Testy, an expert in corporate
formation, to help knock down the walls between California-based
Unocal and the two subsidiaries that it set up to hold its 28
percent interest in the pipeline project in Myanmar.
Notebooks "Our argument is that these are phony corporations created
solely to hide from liability," said Dan Stormer of Pasadena,
Calif., the lead attorney for the Myanmar villagers.
Lenovo "Kellye Testy is a nationally renowned expert on the formation
and makeup of corporations and their legitimacy," he said. "She is
among our most important witnesses."
Hard Drive Shapiro is an expert in the procedural rules that control
lawsuits, including who can be sued where. She has been an attorney
of record in the Unocal case from its beginning in 1996.
Travelstar It's not easy representing a group of impoverished
people who live thousands of
miles away in Myanmar, formerly called Burma, against powerful
corporations based in California and France.
Gateway The foot-high stacks of records in Shapiro's campus office
attest to the daunting nature of the case.
Laptop Parts "I had no idea how complicated it really would get," said
Shapiro, who volunteered to help because she wanted to make a
difference and because her longtime friend, Philadelphia attorney
Judith Chomsky, is involved.
Software Testy, as a witness, could not talk about her role except to
say, "It is a very complex and interesting case."
Hard Drives The allegations are horrific.
Electronics With Unocal's knowledge, the Myanmar military
government formed four
battalions, each with 600 men, to "guard" the pipeline corridor
during construction, according to a 9th U.S. Circuit Court of
Appeals opinion on preliminary motions in the case.
Canon But the center of Myanmar's civil war was at least 150 miles
away from the corridor, where "little or no rebel activity" was
occurring, the opinion said.
Desktop Pc The soldiers' true role was to force villagers in the pipeline
region to work without pay -- a modern form of slavery, the 9th
Circuit opinion said.
Desktop Computers And Unocal knew, both before and after investing in the project,
that the military was enslaving the people, the opinion said.
Think Pad Unocal's own consultant, former military attache John Haseman,
reported to Unocal in December 1995 that the soldiers were
committing "egregious human rights violations" along the pipeline
route.
Repair "The most common are forced relocation without compensation of
families from land near/along the pipeline route, forced labor to
work on infrastructure projects supporting the pipeline ... and
imprisonment and/or execution by the army of those opposing such
actions," Haseman told Unocal in a report quoted in court
records.
Data Recovery Two groups of villagers from the region filed separate suits in
federal and state courts in California, alleging violations of the
federal Alien Tort Claims Act and state law. The villagers are not
named, to protect them from military retribution, Stormer said.
Cisco The suits claim that, because of the pipeline project, the
villagers lost their
homes, their family members were
killed, and they were raped, assaulted, tortured or forced into
slavery.
Keyboard Their suit, said attorney Stormer, "will prevent corporations
from exploiting local peoples in the name of profit."
Monitor Unocal calls the allegations false and insists in a written
statement, "This company has never encouraged, participated in
human rights violations in any way. ... We will defend our
reputation vigorously and expect to be fully vindicated."
Desktop Unocal has won some important victories. This year, it persuaded
the 9th Circuit to reconsider its opinion that there is enough
evidence to try Unocal for aiding and abetting the forced labor.
That reconsideration is pending.
Infosys Also, a Los Angeles County Superior Court judge ruled last year
that Unocal is not directly liable for human rights abuses in
Myanmar, although it may be vicariously liable -- the subject of
the upcoming trial.
Refurbished Laptops Unocal, with $11 billion in assets, is primarily involved in
exploring and producing crude oil and natural gas around the world.
Wipro Shapiro's work focused not on Unocal but on a French oil
company, Total, the pipeline project operator.
Lap Top "You have to find a connection between the defendant and the
place where you want to sue them," Shapiro said.
Refurbished Although Total was "equally complicit" with Unocal in the human
rights violations, she said, she could not establish enough of a
link to California to haul the French company into court there.
Memory Total set up a subsidiary to extract
natural gas from the Yadana field
and to build a pipeline for shipping the gas to Thailand.
Intel It was Total that sold an interest in the project to Unocal. And
it was Total's subsidiary that contracted with the Myanmar
government to provide security protection, the 9th Circuit opinion
said.
As400 Although disappointed that Total avoided the suit, Shapiro said
the preliminary rulings that Unocal can be sued are of greater
importance.
Averatec "The U.S. really has an extraordinary legal system. It offers in
many ways a real possibility to level the playing field" between
poor villagers and large corporations, she said.
Hardware Even if Unocal ultimately wins, "the corporation has to answer
in a specific and concrete way" for its actions, she said.
Dual Xeon "It is enormously important that a case has actually been
brought this far."
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