In association with the International Commission of Jurists

Search: Kiobel

21 Sep

...the first day of oral arguments. A German court has ruled in favor of Microsoft on a patent case involving the sale of several Motorola products in Germany and the US. ASIL has posted an Insight entitled The UN Arms Trade Treaty: Temporarily Holstered (.pdf). As the US Supreme Court readies for new rounds of oral argument in Kiobel v. Royal Dutch Petroleum on October 1, International Law Grrls offers a post discussing the assorted viewpoints in the case. And for those looking for something to watch perhaps over the...
21.09.12 | |

02 Oct

Oral arguments were heard yesterday for the second time before the US Supreme Court in Kiobel v. Royal Dutch Petroleum; the transcript can be found here. You can already read the preliminary thoughts from a few of our regulars Roger, Deborah and Peter, and as Julian mentioned, starting today, we will have a roundtable discussion from a variety of guest contributors about their thoughts on the re-argumentation. Amid sanctions from Western nations, Iran’s rial currency plunged more than 25% in the last week. Geopolitics and resources have put maritime disputes,...
02.10.12 | |

25 Jul

...the Netherlands in the Kiobel case before the US Supreme Court, which deny the existence of direct corporate liability (be it civil or criminal) under the law of nations. Justice Kennedy gave a similar reasoning in his opinion in the 2017 Jesner v Arab Bank decision, in which he found that there was no specific, universal, and obligatory norm of corporate liability under the then prevailing international law. It is true that corporations were excluded from the jurisdiction of the International Criminal Court (“ICC”) at the Rome Conference in 1998....
25.07.19 | |

16 Jun

...cyberwarfare. Julian Ku asked whether the equality guarantee under the ECHR requires the Church of England to perform same sex marriages and noted how Public Citizen’s objections to the negotiations on the Trans-Pacific Partnership Agreement are similar to those traditionally made by right-wing sovereigntists. He also discussed a change in stance by the US government in the Kiobel case, as it now argues that the complaints lack a sufficient nexus to the US. Two guest posts discussed the Charles Taylor sentencing judgment, published last week. Mark Drumbl remarked how the...
16.06.12 | |

25 Feb

...choice theory? Cynical? But I repeat myself.) (By the way, I am attending today the Yale International Law Journal and Yale Forum on International Law symposium featuring folks from the Junior International Law Scholars Association. Topic is non-state actors and international law. Very exciting panels; I am grateful to be included as a moderator of the panel on Accountability for International Organizations in Global Governance, and we are about to begin a panel on Kiobel and the Alien Tort Statute. Goodness, these folks are all very smart and frighteningly articulate.)...
25.02.11 | |

20 Feb

...rights outcomes, environmental effects, foreign investment and human development, and business practices in general. The Supreme Court will hear an Alien Tort Statute case this term, Kiobel v. Royal Dutch Petroleum, to consider the question of corporate liability under the statute. This symposium, sponsored by the Georgetown Journal of International Law and the Center on Transnational Business and the Law, will provide a critical examination of the role of the Alien Tort Statute as it relates to corporate responsibility. Diverse viewpoints will be well represented. The event will feature a...
20.02.12 | |

24 Aug

...an international convention to ensure cooperation in the domestic prosecution of international crimes. HJ van der Merwe discussed the transformative influence of international criminal law on domestic law, and looked at the South African experience post-Apartheid. Apartheid South Africa was also central to the first ATS decision post-Kiobel, discussed by Julian, in which the Second Circuit rejected the plaintiffs’ argument. Julian further wrote about the Faroe Islands’ decision to start an UNCLOS arbitration against the EU over the latter’s decision to impose sanctions after the Faroe Islands unilaterally increased herring...
24.08.13 | |

18 Jan

...too liberally and the political consequences of attaching such a label, and Peter pointed out a key provision on Obama’s NSA reforms (policy directive) allowing foreigners as well as Americans data protection with regard to bulk surveillance data. If you want more to read, you can check out the AJIL Agora on Kiobel, mentioned by Julian, or read the new blog Global Military Justice Reform to which Deborah drew our attention. Finally, I wrapped up the news (1, 2) and listed events and announcements (1, 2). Have a nice weekend!...
18.01.14 | |

28 Sep

...Tribunal for Atrocity Crimes. Julian also discussed the piracy charges against Greenpeace activists in Russia, and Duncan examined what the object and purpose of the arms trade treaty is. On the intersection of US domestic law and international law, Duncan asked whether the offenses clause can save Missouri v. Holland, and Roger surveyed lower courts’ decisions post-Kiobel to find that they narrowly interpret the Supreme Court’s ruling. Finally, Jessica recapped the weekly news on international law and international relations and yours truly listed events and announcements. Have a nice weekend!...
28.09.13 | |

17 Mar

...exalted the so-called statutory “presumption against extraterritoriality,” a trend the current Court strengthened in its recent Kiobel decision. Justice Blackmun’s compelling dissent skewered the majority, underscoring not only that the text and meaning of the INA and Refugee Convention were simple and crystalline—“Vulnerable refugees shall not be returned”—but also that that object and purpose would be entirely thwarted if those legal obligations did not apply extraterritoriality to protect fleeing refugees. Looking back, Justice Stevens’ decision is most striking for its frank and admirable acknowledgement of the “moral weight “ of...
17.03.14 | |

23 Jan

[Adam N. Steinman is Professor of Law and Michael J. Zimmer Fellow at Seton Hall University School of Law. This contribution is cross-posted at Civil Procedure & Federal Courts Blog.] Last week the Supreme Court issued its decision in Daimler AG v. Bauman, a case covered earlier here and here and here. In many ways, the case resembles Kiobel v. Royal Dutch Petroleum, last Term’s decision on the Alien Tort Statute (ATS). The Daimler plaintiffs had brought claims under the ATS against Daimler—a German company headquartered in Stuttgart—for human rights...
23.01.14 | |

26 Nov

...worked so hard to develop it, as if I believed that the entire history of the Statute amounts to little more than a misguided blunder next to the flawless system of corporate criminal accountability for international crimes that was always waiting in plain sight to be deployed. This is far from my position, so I begin by clarifying this misunderstanding in case it has tainted her view of my argument, before addressing some of her more substantive concerns. I am very much for the ATS, before and after Kiobel. My...
26.11.14 | |