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University of Miami Inter-American Law Review

Abstract

La Oroya v. Perú marks a pivotal moment in the evolution of Business and Human Rights and the Right to a Healthy Environment (R2HE) under the Inter-American legal framework. This paper examines the groundbreaking judgment of the Inter-American Court of Human Rights, which established new standards for state responsibility in regulating and supervising corporate activities to prevent environmental harm. By integrating principles of environmental law with human rights obligations, the case highlights the transformative potential of judicial action in addressing corporate accountability. While the judgment sets a precedent for advancing corporate responsibility, it exposes enduring challenges, including jurisdictional limitations, corporate liability gaps, and state complicity. The analysis concludes by exploring pathways for enhancing corporate accountability, emphasizing the need for robust legal frameworks and international cooperation to bridge existing gaps. The La Oroya case stands as a catalyst for systemic change, offering a blueprint for aligning business practices with human rights and environmental sustainability.

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