Kiobel vs royal dutch petroleum essay

Furthermore, the Chamber of Commerce argues that the decrease in investment in developing nations will not only harm corporations but also the developing nations themselves, as well as negatively affect U.

The District Court dismissed the first, fifth, sixth, and seventh claims, reasoning that the facts alleged to support those claims did not give rise to a violation of the law of nations. IV On these facts, all the relevant conduct took place outside the United States. Petitioner concludes that these jurisdictional limitations are sufficient to prevent U.

Recent experience bears this out. Petitioner states that international tort claims may be adjudicated in the U. We heard oral argument again and now affirm the judgment below, based on our answer to the second question.

Respondent thus concludes that only Congress may outline territorial jurisdiction of the ATS and, if it intends for jurisdiction to include acts committed on foreign soil by foreign nations, it must explicitly say so.

Former State Department lawyers and diplomats are themselves divided over whether the ATS should be available for cases like this one.

Kiobel v. Royal Dutch Petroleum (10-1491)

The question here is not whether petitioners have stated a proper claim under the ATS, but whether a claim may reach conduct occurring in the territory of a foreign sovereign. The judgment of the Court of Appeals is affirmed. The Second Circuit ruled that the ATS had never served as a basis for liability on the part of corporations.

We therefore conclude that the presumption against extraterritoriality applies to claims under the ATS, and that nothing in the statute rebuts that presumption. The German Parliament contends that the ATS does not act as a barrier to international corporations, since the number of human rights claims that are brought against multinational corporations are very small due to the high cost of bringing a class action lawsuit.

The question is instead whether the court has authority to recognize a cause of action under U. Petitioner contends that Sosaa case in which plaintiffs sued the defendants for kidnapping under the ATS, held that ATS jurisdiction extends to a small subset of common law tort cases derived from international law.

Since then, victims of human rights violations that occurred overseas have sought to rely on the ATS to press their own claims in U. The Supreme Court heard oral arguments for the case on February 28, and on March 5, ordered re-arguments.

The Kiobel plaintiffs and other victims of human rights violations For the Kiobel plaintiffs and other foreign nationals who allege that they have been the victims of human rights abuses overseas, the stakes are significant. Writing for the Court, Chief Justice Roberts observed that while the presumption applies to merits questions and the ATS is strictly jurisdictional, the canon should still apply to the statute because of the danger of judicial interference in foreign policy.

Petitioners further state that the settlements in these types of human rights cases are so minor for large corporations that they will not greatly hamper income so drastically as to prevent a corporation from considering foreign investment. This case was the first time that the Second Circuit directly addressed whether its jurisdiction under ATS extends to civil actions involving corporations.

See Brief of Cato at Court of Appeals for the Second Circuit breathed life into the statute, holding that the ATS conferred jurisdiction over a lawsuit brought by one Paraguayan national against another Paraguayan national residing in the United States for torture that occurred in Paraguay.

National Australia Bank Ltd. Petitioners also point to a opinion authored by Attorney General William Bradford.


Blackstone, Commentaries on the Laws of England 68 A ruling against the Kiobel plaintiffs would be disastrous, contends Katie Redford, the co-founder of EarthRights International, which filed an amicus brief supporting the Kiobel plaintiffs.

This Court has generally treated the high seas the same as foreign soil for purposes of the presumption against extraterritorial application. In that brief, the government told the Court that cases like Kiobel — involving foreign plaintiffs, the conduct of a foreign country, and the role of a foreign corporation from a third country in that conduct — have no place in U.

See United States v. Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion is issued. In support of this, Respondent cites Sosawhich lists the potential violation of international law as a consideration a court should use when determining whether or not to extend jurisdiction to international tort cases under the ATS.

Petitioners also state that the need for a forum to hear the human rights violations far outweighs any infraction on the sovereignty of a nation. It reasoned that U. The TVPA explicitly extends jurisdiction to acts occurring in foreign nations regardless of the actors.

The opinion hardly suffices to counter the weighty concerns underlying the presumption against extraterritoriality.

But inin Filartiga v. It reasoned that customary international law did not define the violations with sufficient particularity. The re-arguments will be on the question of under what circumstances the Alien Tort Statute allows American courts to litigate tort claims that are based on actions that did not occur within the territory of the United States.

Respondent thus argues that, by extending ATS and federal common law to suits involving foreign territories and parties, the Court would extend U. Kiobel v. Royal Dutch Petroleum Co., U.S. (), [1] was a United States Supreme Court decision in which the court found that the Alien Tort Claims Act presumptively does not.

When the complaint was filed, respondents Royal Dutch Petroleum Company and Shell Transport and Trading Company, p.l.c., were holding companies incorporated.

The Shell Petroleum Development Company of Nigeria, Ltd., one of the respondents, operated oil production facilities in the Ogoniland region of Nigeria.

Esther Kiobel and the other petitioners were Nigerian nationals who alleged that they, or their relatives, were killed, tortured, unlawfully detained, deprived of their property, and forced. Sep 30,  · Last February, early in the first oral argument in Kiobel v.

Royal Dutch Petroleum, Justice Alito asked Paul Hoffman – the lawyer representing twelve Nigerian nationals who filed a. Petitioner Esther Kiobel, representing a group of individuals from the Ogoni region in Nigeria, filed a class action lawsuit against Respondents, the Royal Dutch Petroleum Co., Shell Transport and Trading Company PLC, and Shell Petroleum Development Company of Nigeria, LTD (“Royal Dutch”) under the Alien Tort Statute (“ATS”).


Opinion of the Court. lands and England, respectively. Their joint subsidiary, respondent Shell Petroleum Development Company of Nigeria, Ltd. (SPDC), was incorporated in Nigeria, and engaged in oil exploration and production in Ogoniland.

Kiobel vs royal dutch petroleum essay
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