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Introduction to International & Comparative Law-Fall 2016

Kiobel et al v. Royal Dutch Petroleum Co. et al 133 S.Ct. 1659 (2013)

Nigerian nationals filed a putative class action in US courts against certain Dutch, British, and Nigerian corporations for aiding and abetting the Nigerian government in committing international law violations (beating, raping, killing, arresting individuals, and destroying and looting property). The basis for their claim is the Alien Tort Statute (28 U.S.C. Section 1350). The central questions posed to the Court were: 1. Under the Alien Tort Statute, are corporations immune from tort liability for violations of the law of nations, such as torture, extrajudicial executions, or genocide?2. Upon reargument, does the Alien Tort Statute allow courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States?