Remedial Options after the Destruction of the Juukan Gorge Caves: A Lost Cause (of Action)?

This chapter examines the availability of remedies in international law following the destruction of the Juukan Gorge Caves in Australia by the mining company Rio Tinto. It addresses how a claim based on the prohibition on the intentional destruction of the cultural heritage of humankind would be received in different international dispute resolution fora. This approach is necessary because there is not dedicated dispute resolution forum that can resolve disputes regarding the prohibition. The chapter argues that international dispute resolution fora do not possess the requisite attributes to provide a remedy. In part, this is due to Rio Tinto's corporate structure. Thus, the chapter concludes that domestic legal frameworks must give effect to the prohibition on the intentional destruction of the cultural heritage of humankind to create remedies. However, despite recent legislative reforms, Australia's legal framework does not provide remedial options should a similar event occur in future.<p></p>