Kiobel v. Royal Dutch Petroleum Co
The Supreme court and the Alien Tort Statute
Bibliographic Data
| ID | 9541806 |
|---|---|
| Authors | David P Stewart (0000-0002-9344-3921), Ingrid Wuerth (Council of Science Editors, corresponding author) |
| Year | 2013 |
| Volume | 107 |
| Issue | 3 |
| Pages | 601-621 |
| Publication date | 2013-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.5305/amerjintelaw.107.3.0601 |
| OpenAlex | W2275361130 |
| Language | EN |
| Citations received | 11 |
| References cited | 17 |
The U.S. Supreme Court has finally decided Kiobel v. Royal Dutch Petroleum Co. It is the Court’s second modern decision applying the cryptic Alien Tort Statute (ATS), which was enacted in 1789. Since the 1980 court of appeals decision in Filartiga v. Pena-Irala permitting a wide of range human rights cases to go forward under the statute’s auspices, the ATS has garnered worldwide attention and has become the main engine for transnational human rights litigation in the United States. The statute itself and the decisions that it generates also serve as state practice that might contribute to the developing customary international law of civil universal jurisdiction, immunity for defendants in human rights cases, the duties of corporations, and the right to a remedy for violations of fundamental human rights. During the 1990s, the ATS became the focal point for academic disputes about the status of customary international law as federal common law. Indeed, to the extent that the “culture wars” have played out in U.S. foreign relations law, the ATS has been their center of gravity
Alien Tort Statute · Federal common law · Human rights · International law · Jurisdiction · Liability · Original jurisdiction · Political science · Statute · Statute of limitations · Supreme court · Tort · Corporate Law and Human Rights · International Law and Aviation · International Law and Human Rights · Law
Children's Rights and Business
Regaining Paradise Lost
Regulating environmental responsibility for the multinational oil industry
Corporate Human Rights Accountability
The Alien Tort Statute After Kiobel
International Law, Domestic Law, and the United States
Jesner v. Arab Bank
Choice of Law in the American Courts in 2013
Damages Remedies for Infringements of Human Rights Under U.S. Law
Domestic courts, transnational law, and international order
Litigating Extraterritorial Nuisances under English Common Law and UK Statute
Universal Jurisdiction
Universal Jurisdiction under Attack
Reclaiming Democracy
The Emerging Recognition of Universal Civil Jurisdiction
The Diplomacy of Universal Jurisdiction
A Presumption Against Extrajurisdictionality
Traditional and Modern Approaches to Customary International Law
Alien Tort Claims and the Status of Customary International Law
Belgium’s War Crimes Statute
The Alien Tort Statute and the Judiciary Act of 1789
| Unique citing works | 11 |
|---|---|
| Citations per year | 0,92 |
| Citation span | 2014 - 2020 (7) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 11 |