Multinational Corporations, Human Rights Violations and a 1789 US Statute - A Brief Exploration of the Case of Kiobel v. Shell

Abstract

Currently pending before the US Supreme Court is the case of Kiobel v. Shell, a civil procedure against the multinational oil company Shell for its alleged complicity in human rights violations perpetrated in Nigeria in the 1990s. The claims are brought on the basis of a 1789 US federal statute that has over the past 20 years provided victims of human rights abuses perpetrated anywhere in the world with a way to obtain civil redress through the US federal judicial system. This note provides an exploration of some of the main legal and socio-political issues raised by the Kiobel case.

Keywords: foreign direct liability, extraterritoriality, private international law, business & human rights

JEL Classification: F23, K13, K33, K42