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Kiobel v. Royal Dutch Petroleum Co.: Corporate Liability and Extraterritoriality Under the Alien Tort Statute


The outcome of the Supreme Court's ruling in Kiobel on both the issue of corporate liability and the extraterritorial application of the ATS will have many significant consequences for corporate strategy, human rights litigation, and U.S. foreign policy. Sensing the potential importance of this upcoming decision, some of the largest U.S. corporations filed briefs in support of the corporate defendants. Likewise, human rights groups and plaintiffs' lawyers have submitted briefs backing the Nigerian plaintiffs. The Department of Justice has also weighed in due to its concern with the foreign policy impact of suing foreign entities in U.S. courts for acts committed in the territory of a sovereign nation. Whatever the outcome, Congress could clarify the scope and content of the ATS⎯including whether it covers corporations and whether it applies extraterritorially.


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1 R42925.pdf Jan 17, 2013 R42925 17 $29.95 Add to Cart

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Kiobel v. Royal Dutch Petroleum Co.: Corporate Liability and Extraterritoriality Under the Alien Tort Statute  [Order No: R42925  Release Date: Jan 17,2013  Pages: 17]