Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Chapter 2.6: Legal Strategy from the Local to the International
249
Chapter 2.6
Legal Strategy from the Local
to the International
A legal challenge to a project can send a powerful message
to the company, its shareholders, and the government. It can
sometimes stop the project, or at least slow it down considerably,
which will give more time to organize. Ideally, it could
even could establish a legal precedent for similar situations
elsewhere.
Any legal action is likely to be one of two things. It will
be either an injunction or court restraining order to stop a
project moving forward unless certain conditions are met, or
a lawsuit, where a civil action is brought as a result of loss or
injury. Obviously there first needs to be good cause for legal
action. Likewise, be prepared for it consuming a great deal of
resources, both in terms of time and—depending on the type
of legal representation—in terms of money.
The starting point for any legal action is likely to be in
a local court. Depending on the result there may be appeals