...of villages, rape and pillage.” The U.S. State Department filed a statement of interest opposing the litigation. By a 2-1 majority, the Ninth Circuit ruled, among other things, that (1) all of the plaintiffs’ claims, with the exception of the
UNCLOS claim, assert jus cogens violations that are actionable under Sosa; (2) the
UNCLOS claim, while not jus cogens, can provide the basis of an actionable ATCA claim given the widespread ratification of that treaty; (3) corporations can be vicariously liable for violations of jus cogens norms; (4) the State...
09.08.06
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Roger Alford
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