Abstract

The disastrous gas leak at a Union Carbide plant in Bhopal, India, in December 1984 displayed the law’s tragic inability to cope with the consequences of technological globalization. This essay describes the protracted efforts of the gas victims to obtain relief from courts in India and the United States and the reasons why the settlement of their legal claims did not satisfy their demands for justice. The victims’ self‐knowledge, whether scientific or social, found no traction in official medical record keeping or in courts of law. Their experience highlights the structural asymmetries of technology transfer across national boundaries. Union Carbide’s technology of production moved from West to East with little hindrance and, in retrospect, with insufficient regard to conditions in Bhopal. By contrast, India’s attempts to transfer legal accountability back to the exporting country proved essentially impossible, as American courts insisted that claims be resolved by Indian judges under Indian law.