Abstract
As a result of the U.S. Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co., claims brought under the Alien Tort Statute (ATS) must “touch and concern the territory of the United States … with sufficient force” for federal courts to recognize a federal common law cause of action for violations of international law.
Highlights
AJIL UNBOUND [e-23 law cause of action for violations of international law.[2]
Royal Dutch Petroleum Co., claims brought under the Alien Tort Statute (ATS)[1] must “touch and concern the territory of the United States . . . with sufficient force” for federal courts to recognize a federal common
The lower courts have already relied on the Kiobel decision to quickly dismiss pending cases,[3] suggesting that, even if the Supreme Court did not close the door to transnational tort litigation, the decision may well prove to be the end of transnational ATS litigation
Summary
A jurisdictional challenge may arise when a claimant wishes to use the legal system where one part of a transnational corporation is domiciled to sue a constituent part incorporated in another state. E-27 presence less than domicile) in England.[25] It is not necessary for the claim to have any connection with the defendant’s activities in England, but, unlike the Brussels I regime, a court may stay proceedings on the basis that another available forum is more appropriate than England and that it would not be unjust to require the claimant to sue in this alternative forum.[26] in two important cases involving corporations, English courts refused to order a stay of proceedings on the basis that to require the plaintiffs to pursue their claim in a foreign jurisdiction would deny them access to adequate funding for lawyers and experts, thereby resulting in the denial of practical access to justice.[27]
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