Corporate Responsibility in Transnational Human Rights Cases. The U.S. Supreme Court Decision in Kiobel v. Royal Dutch Petroleum
Articolo
Data di Pubblicazione:
2013
Citazione:
Corporate Responsibility in Transnational Human Rights Cases. The U.S. Supreme Court Decision in Kiobel v. Royal Dutch Petroleum / N. Boschiero. - In: RIVISTA DI DIRITTO INTERNAZIONALE PRIVATO E PROCESSUALE. - ISSN 0035-6174. - 49:2(2013 Jun), pp. 249-291.
Abstract:
With a decision based upon the consideration that all the significant conduct occurred outside the territory of the United States, in
Kiobel the U.S. Supreme Court unanimously ruled that the presumption
against extraterritoriality applies to claims under the Alien Tort Statute,
and that nothing in the statute refutes that presumption. However, in its
decision the Supreme Court did not directly address the issue whether a cor-poration can be a proper defendant in a lawsuit under the ATS. In this article,
the Author begins by providing a substantial «pre-Kiobel» analysis of
the business-human rights relationship. Furthermore, in addressing – with
reference to the Kiobel case – the issues of corporate liability and extraterritorial
jurisdiction over abuses committed abroad, the Author provides a detailed
description of the governments’ positions on universal civil jurisdiction,
also providing a critical evaluation of the arguments put forth by the
EU Member States on the extraterritorial application of ATS. As the Author
illustrates, this decision is far more complex and problematic than it
may appear: it in fact leaves a number of questions open on what exactly remains
of the ATS, as well as various uncertainties due to the substantive
differences between the majority opinion and the different concurring opinions,
difficult to be reconciled and harmonized, especially from an European
standpoint.
Tipologia IRIS:
01 - Articolo su periodico
Elenco autori:
N. Boschiero
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