Case of the Inhabitants of La Oroya v. Peru, Preliminary Objections, Merits, Reparations, and Costs Judgment

the Inter-American Court of Human Rights (IACtHR) delivered its judgment in La Oroya v. Peru, its first case 1 involving pollution affecting a city's inhabitants.The judgment is significant for: (1) the detailed development of the contents and nature of the right to a healthy environment (RHE), including its potential status as a jus cogens norm, in the context of serious and protracted urban pollution; and (2) the diverse reparation measures ordered to redress the harm inflicted on victims and the environment.In the judgment, the IACtHR found Peru responsible for violating the American Convention on Human Rights (ACHR) 2 and ordered reparations against Peru in favor of the City of La Oroya's inhabitants for the violations of the RHE and other rights.* * * * For several decades, starting in 1922, La Oroya's environment and the health of its inhabitants were severely affected by serious harm as a consequence of the pollution related to mining/metallurgic activities in the La Oroya Metallurgical Complex owned/managed by international private companies during most of its existence (paras.67-84).The levels of toxic pollutants largely exceeded environmental air quality standards, which correlated with acute respiratory infections, especially affecting children (para.78).Lead, cadmium, and arsenic emissions also affected the soil (para.84).In La Oroya, there were eighty victims, comprising seventeen families and six persons, including six fatalities (para.85).Peru

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Journal
American Journal of International Law
Published
2025-10-01
DOI
https://doi.org/10.1017/ajil.2025.10116
Primary Topic
International Arbitration and Investment Law
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article
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Case of the Inhabitants of La Oroya v. Peru, Preliminary Objections, Merits, Reparations, and Costs Judgment

Juan-Pablo Pérez-León-Acevedo
American Journal of International Law
International Arbitration and Investment Law
article

Case of the Inhabitants of La Oroya v. Peru, Preliminary Objections, Merits, Reparations, and Costs Judgment

Juan-Pablo Pérez-León-Acevedo
article en

Abstract

the Inter-American Court of Human Rights (IACtHR) delivered its judgment in La Oroya v. Peru, its first case 1 involving pollution affecting a city's inhabitants.The judgment is significant for: (1) the detailed development of the contents and nature of the right to a healthy environment (RHE), including its potential status as a jus cogens norm, in the context of serious and protracted urban pollution; and (2) the diverse reparation measures ordered to redress the harm inflicted on victims and the environment.In the judgment, the IACtHR found Peru responsible for violating the American Convention on Human Rights (ACHR) 2 and ordered reparations against Peru in favor of the City of La Oroya's inhabitants for the violations of the RHE and other rights.* * * * For several decades, starting in 1922, La Oroya's environment and the health of its inhabitants were severely affected by serious harm as a consequence of the pollution related to mining/metallurgic activities in the La Oroya Metallurgical Complex owned/managed by international private companies during most of its existence (paras.67-84).The levels of toxic pollutants largely exceeded environmental air quality standards, which correlated with acute respiratory infections, especially affecting children (para.78).Lead, cadmium, and arsenic emissions also affected the soil (para.84).In La Oroya, there were eighty victims, comprising seventeen families and six persons, including six fatalities (para.85).Peru

American Journal of International LawVol. 119(4)
University of Oxford (GB), The University of Law (GB)
Openalex Percentile: Top 51%
International Arbitration and Investment Law
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Case of the Inhabitants of La Oroya v. Peru, Preliminary Objections, Merits, Reparations, and Costs Judgment — Juan-Pablo Pérez-León-Acevedo · American Journal of International Law (2025) | TGRS Research Map | TGRS