“This may be the week that the Supreme Court finally issues a decision in the landmark Alien Tort Statute case, Kiobel v. Royal Dutch Petroleum,” international law expert John Bellinger wrote on March 24th. “Whether or not a decision is issued this week,” he adds, “most Kiobel watchers believe that the Court will rule in favor of Shell. But on what basis?”
He goes on to outline various legal theories that may persuade the judges (and leave human rights activists discouraged). Read the post here: Will the Supreme Court Issue a Decision in Kiobel This Week?
We’re still waiting for the decision and in the meantime I’m posting an opinion piece by Lauren Carasik, Director of the International Human Rights Clinic at Western New England University School of Law. This piece originally appeared on the Al Jazeera website. I’m posting the article in its entirety below as it gives a good overview of this case and the larger issue of transnational corporate liability for human rights abuses.
Indeed, as the Center for Justice and Accountability (CJA) writes in its overview of the Kiobel case, “The stakes are extremely high because the ATS is the only avenue for most human rights victims to hold perpetrators accountable. In the home countries of many victims, there is no legal forum available to seek justice. The Supreme Court is considering removing the U.S. as their last resort.