Search: Kiobel
18 Oct Guest Post: SCOTUS Oral Argument in Daimler v. Bauman
[Adam N. Steinman is Professor of Law and Michael J. Zimmer Fellow at Seton Hall Law] Cross-posted at Civil Procedure & Federal Courts Blog This week the Supreme Court heard oral argument in Daimler AG v. Bauman (covered earlier here and here). Daimler resembles last Term’s Kiobel case, in that it involves claims against a foreign defendant (Daimler) for human rights and other violations committed abroad (in Argentina, during the “dirty war” of the 1970s and 1980s) under the Alien Tort Statute (ATS). But the question for which the Court...25 Nov Stewart Mini-Symposium: From the ATS to Corporate Criminality under ICL — Mind the Gap
...rights violations. The post-Kiobel constraints on the ATS, and the conceptual confusion before Kiobel, thus do not themselves call for switching to criminal liability. Most obviously, civil liability may be viable in other venues, as seen in the other lawsuit against Shell, in the Dutch courts. Moreover, even if we think the conceptual problems in the ATS caselaw somehow doom civil liability, it is not clear how switching to the ICL model eliminates one serious problem with all efforts by home states to regulate corporations through national law — the...20 Apr Weekend Roundup: April 13 – 19, 2013
Kiobel litigation. It wasn’t all about Kiobel this week though! Ken wrote about new scholarship, including some of his own, on law and ethics for autonomous weapons systems. Julian discussed reports that Japan is considering to take its dispute with China over the Diaoyu/Senkaku islands to the ICJ, and attracted a lot of comments with his argument that the US could legally bomb North Korea’s missile before it is deployed. In ICC news, Kevin wrote about comments by Fatou Bensouda about retroactivity when Palestine decides to ratify the Rome Statute...13 Jan Doe v. Nestle: Corporate ATS Cases Just Keep Lingering
...the companies aided and abetted human rights violations through their active involvement in purchasing cocoa from Ivory Coast. While aware of the child slavery problem, the companies offered financial and technical assistance to local farmers in a bid to guarantee the cheapest source of cocoa, the plaintiffs said. The arguments in favor of, and against, Supreme Court review are amply discussed by John Bellinger here. In essence, the corporate defendants argued that the Ninth Circuit had misapplied the Supreme Court’s 2013 landmark ATS decision in Kiobel v. Royal Dutch Shell....03 Mar Human Rights Litigation in State Courts and Under State Law
State law or the domestic laws of [other] nations, but there may not be ATS Federal common law causes of action against corporations.” The general (but not unanimous) consensus at the conference seemed to be that Kiobel went badly for the petitioners, and that we should anticipate a 5-4 decision favoring the corporations. If so, then what would that post-Kiobel world look like? I asked that question of Paul Hoffman, who argued for Esther Kiobel before the Supreme Court on Tuesday, and he said in such a world human rights...22 Apr U.S. Supreme Court Holds that Corporations Can Be Immune from Claims of Torture Under Domestic U.S. Law
One of the most popular arguments made against the Second Circuit’s interpretation of the Alien Tort Statute in Kiobel v. Royal Dutch Shell is essentially a policy argument: How could it be possible for Congress to have intended to allow corporations to immune from claims of serious international law violations while at the same time allowing individuals to be liable? This policy argument, I pointed out here, makes the respondents’ legal position in Kiobel singularly unattractive. The Supreme Court’s unanimous decision, however, last week in Mohamed v. Palestinian Authority makes...