Brief of Amici Curiae English Law Practitioners Martyn Day, Richard Hermer QC, Richard Meeran, and Blinne Ní Ghrálaigh in Support of Petitioners

Abstract

Amici wish to ensure that the Court is informed that, contrary to the suggestion of the Brief Amici Curiae submitted by the Governments of the United Kingdom and the Netherlands, 2 under English common law and the Brussels Regime, there is nothing extraordinary or extravagant in the extraterritorial scope of the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350. Nor does extraterritorial application violate any norms of international law. In fact, English courts may assume jurisdiction over international law violations committed overseas in circumstances that mirror the assumption of jurisdiction of U.S. courts in ATS cases.

Keywords: extraterritoriality, Kiobel, Alien Tort Statute, jurisdiction

JEL Classification: F23, F40, H73, K2, L22, O19, P50