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Search: Kiobel

21 Sep

...to have an intent to violate the law). But Ben, I also suspect that there is an effort by some judges to protect corporations from liability -- even to the point of ignoring overwhelming trends in judicial decision concerning corporate duties (and rights) under international law. See, e.g., Kiobel and http://ssrn.com/abstract=1701992 If so, it is a problem of lawfare in the courts, not merely that some judges are unaware of the law (and their clerks). John C. Dehn Thinking out loud... If the Rome Statute permits referral by the Security...
21.09.11 | |

31 Mar

rebecca bratspies "One need not believe in the existence of god to believe in the existence of the clergy" James Crawford Jordan Response... Raymon Marks (of Arnold & Porter), during the panel session Saturday on Kiobel and in response to a request for commentary on the fact that the U.S. Supreme Court has already recognized that corporations and companies can have duties and rights under customary international law and treaties: those cases merely dealt with "common law." Jordan Response... p.s. as readers here should recall, there have been 20 such...
31.03.12 | |

19 Nov

...I do think that they are bound by duties to respect jus cogens norms protecting human dignity. Because of this, perhaps transnational litigation may be an option, but with procedural restrictions on when these venues may be used, as happened with the ATS after the Kiobel U.S. Supreme Court decision in relation to corporations, they may not always be available. I am aware that the issue is thorny in practice, for instance when there are rebels who are fighting a regime seen as problematic: perhaps one could think of the...
19.11.14 | |

03 Oct

...(September 2010). Tamás Hoffmann Sounds fascinating. Maybe you could elaborate on it more in a speech... JohnnieWalkerBlue Medical testing without consent is precisely the type of outrageous misconduct found to be a violation of international law by the Second Circuit in Pfizer. In the Pfizer case, the court found Pfizer had violated int'l law (by testing its experimental anti-meningititis drug, Trovan, on Nigerian children) and could be brought to trial under the ATCA for the resultant injuries. Of course, after Kiobel, which held corps cannot be liable under int'l law...
03.10.10 | |

02 May

...important data point that people like myself often fail to consider in this discussion. Second, I think, in a Kiobel-like manner, it goes directly to the question of the proper level of abstraction when invoking human rights norms to interpret other rules. But are the relations between states and the ICC like extradition relationships among states? We can always tell alternate stories, and grab from different parts of the treaty (as "context"). Extradition agreements, for example, likely do not contain any provision similar to Rome Statute art. 21(3), nor reference...
02.05.12 | |

24 Apr

Jordan I tried to send a longer response, but these are good arguments. However, after Kiobel some of the Justices seem to be unrestrained by federal statutory law and would override any federal statute that stands in the way of their personal predilections about "foreign affiars" and "comity" even when the political branches have chosen to not amend or obviate an extant federal statute. Watch out! Tom Lee Excellent analysis, Mike. My question for you is whether, as FRCP 69 "execution" itself implies (although titles aren't relied on in interpreting),...
24.04.14 | |

03 May

...was to keep Soyinka's name out in the news so as to have the military government hesitate to liquidate Soyinka - who later won the Nobel Prize for Literature. Did not work for Ken Saro Wiwa alas at the time of Abacha - hey Shell remember Abacha? Ring a Kiobel? Another example, was with the Sergeant Doe coup in Liberia, my father moved heaven and earth to have former President Carter get to the US Ambassador to enquire about the whereabouts of Romeo Horton - my late godfather and one...
03.05.12 | |

03 Apr

...example, the Inter-Am. Comm. on H.R. Having a right is not the same thing as winning in a legislative process -- otherwise, for example, we would have no constitutional rights. Immagine the claim that corporations who claim rights under international law to freedom from confiscation of their property, fair and prompt compensation in case of expropriation, control of their intellectual property, freedom from excessive taxation per certain treaties, and so forth really have no rights under international law (Kiobel?) and that they are merely failures in a foreign legislative process!...
03.04.12 | |

02 Oct

...natural law violations. It appears to have been generally accepted until the twentieth that any country could conduct reprisal against a sovereign that killed an ambasador, not just the sending country. It was so important to the early US that there is a criminal law and claims arising from hurt to ambassadors was vested in the Supreme Court's original and exclusive jurisdiction, not ATS. (I explain this is my post to Meir Feder's comment re Kiobel). Ian Henderson International lawyer, This may shock Kevin, but I have to more closely...
02.10.12 | |