In association with the International Commission of Jurists

Search: Kiobel

27 Feb

...not reflect a “deeper reason”—indeed, one of us (Oona Hathaway) is counsel of record in a brief in Kiobel (to be argued before the Supreme Court on February 28) arguing that the Alien Tort Statute and Torture Victims Protection Act provide for civil liability for corporations for violations of specific prohibitory norms of international law. Fourth, and finally, Steve Vladeck’s response is fascinating. His comments place the shift that we identify in treaty law enforcement into broader context. His observation that it has become far more difficult for courts to...
27.02.12 | |

10 Mar

If you have not been able to keep up with the stream of posts on Opinio Juris this week, we are pleased to offer you a weekend roundup. Three topics and a symposium fought for your attention. First, the US Supreme Court hearings in Kiobel v. Royal Dutch Petroleum continued to provide food for thought, particularly after the Court’s order on Monday to re-open the argument on the specific issue of extra-territoriality. Following up on discussions last week, Julian Ku pointed to the importance of Sosa. Ken Anderson argued that...
10.03.12 | |

17 Apr

Interestingly, the four liberal justices would have also dismissed the Kiobel plaintiffs on a different theory: that this case (involving actions by a foreign corporation against foreign plaintiffs in a foreign sovereign’s territory) does not “substantially or adversely affect an important American national interest…” In other words, Justice Breyer seems to want to graft the “protective” principle of prescriptive jurisdiction onto the ATS, rather than the universality principle that I would have expected. Here is a summary of Justice Breyer’s proposed reading of the ATS. … I would find jurisdiction...
17.04.13 | |

05 Dec

This week on Opinio Juris, Roger commented on Joel Trachtman’s article on customary international law, which attracted a lot of debate from our readers in the comments. Kevin lamented US Courts’ insufficient understanding of IHL and wondered if Paddington would prefer Australia’s Christmas Island. He also responded to Ryan Vogel’s post on Lawfare on the OTP’s Afghanistan’s investigation. Julian explained why he does not fully agree with Eric Posner’s view on international human rights law clinics and asked whether the Supreme Court implicitly reversed Kiobel’s corporate liability holding. Finally, Jessica...
05.12.14 | |

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 | |

15 Oct

...grounded in law rather than force. Ambassador Van Schaack has done something my book, by design, could only gesture toward. She has placed Ben’s industrialist work within the broader arc of corporate accountability for international crimes and traced what became of it over nearly eight decades. Her account of the Alien Tort Statute litigation is especially valuable. Nuremberg’s jurisprudence became a battleground in those cases. In Kiobel, the Second Circuit read the absence of corporate convictions as proof that international law reaches only natural persons. Every other circuit to consider...
15.10.26 | |

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 | |