Abstract

Anxieties about the U.S. Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co. should not eclipse the fact that redress can, and at times should, be secured elsewhere. Amajor effect of Kiobel is to adjust the aperture of transnational corporate accountability away from the United States–which generally has been the default venue–and toward regional and foreign jurisdictions where violations occur or where responsible beneficiaries of the wrongdoings reside or conduct their businesses.

Highlights

  • Anxieties about the U.S Supreme Court’s decision in Kiobel v

  • This article examines one example of such transnational human rights litigation outside the United States, a case regarding land evictions in Cambodia that has been accepted for adjudication by the United Kingdom High Court.[2]

  • The Song Mao case demonstrates that transnational human rights litigation, if carefully calibrated, vigorously pursued, and made to comport with regional human rights standards and commitments— even if unconnected with the Alien Tort Statute (ATS)— can remain a powerful tool for legal advocacy

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Summary

Introduction

Anxieties about the U.S Supreme Court’s decision in Kiobel v. This article examines one example of such transnational human rights litigation outside the United States, a case regarding land evictions in Cambodia that has been accepted for adjudication by the United Kingdom High Court.[2] That case, Song Mao v.

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