The Supreme Court will rehear argument on Kiobel v. Royal Dutch Shell Petroleum. The arguments last week focused on the issue of whether a corporation could be held liable under international law. I summarized the lower court's ruling in that case in previous blog post. During the oral arguments it was clear that a couple of justices, namely Justice Alito, were more interested in considering whether the law's extraterritoriality was constitutional than whether a corporation could be held liable under international law. It seems that the rationale for the statute when it was passed was to provide a remedy for aliens, usually ambassadors, who were the victims of tortuous activity within the United States.
Oral Argument Transcript 02/28/2012:
s/ Kurt Koehler
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