Constantine P. Kokkoris, Attorney at Law, 225 Broadway, Suite 612, New York, NY 10007, 212-349-9340, cpk@kokkorislaw.com

Lawsuit filed in January 2004 by Vietnamese nationals against manufacturers of Agent Orange under the Alien Tort Claims Act alleging that the use of the herbicide during the Vietnam War violated international law and seeking compensation for personal injuries and court ordered clean up of contaminated areas in Vietnam. Case has been consolidated for discovery purposes with the pending cases of US veterans before Judge Weinstein, to whom all Agent Orange cases are transferred pursuant to an administrative court order, because a recent decision of the US Supreme Court has allowed US veterans who have recently manifested injuries alleged to be caused by Agent Orange to sue, notwithstanding the class settlement on behalf of US veterans which was reached in 1984.

Learning Objectives:

Explaining the position of the Vietnamese plaintiffs that
• Vietnamese nationals have the right to sue US corporations in a US court for serious violations of international law under the Alien Tort Claims Act,
• the statute of limitations does not bar suit now, because the US trade embargo of Vietnam should serve to extend the time to sue
• the chemical companies should not be entitled to defend this action on the basis that the government "ordered them to do it" because this is not a defense to allegations tantamount to war crimes pursuant to the Nuremberg principles,
• this action does not present an non-justiciable "political question" because it does not involve a breach of the separation of powers between judiciary and executive, and other issues that might be raised by the chemical companies in defense to this action.

Keywords: Agent Orange, Vietnam

Presenting author's disclosure statement:
I have a significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.
Relationship: I am an attorney representing the Vietnamese plaintiffs,