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Full-Text Articles in Human Rights Law
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
The Supreme Court And The Alien Tort Statute: Kiobel V. Royal Dutch Petroleum Co., Ingrid W. Brunk
The Supreme Court And The Alien Tort Statute: Kiobel V. Royal Dutch Petroleum Co., Ingrid W. Brunk
Vanderbilt Law School Faculty Publications
Alien Tort Statute litigation has generated a growing number of questions about the the scope of statute, but in Kiobel v. Royal Dutch Petroleum Co. the Supreme Court finally answered one of them: the presumption against extraterritoriality applies to the statute. Going forward, courts may apply a robust version of the presumption, effectively ending ATS litigation as we currently know it. Or, they may not. The Court’s citations to Morrison v. Nat’l Austl. Bank Ltd. suggest the former; some language in the various opinions suggests the latter. This article explores these uncertainties and also discusses additional factors that may be …