Business and Human Rights Litigation in U.S. Courts Before and after Kiobel
9 Pages Posted: 7 Jul 2015 Last revised: 24 Oct 2017
Date Written: April 1, 2015
This Chapter examines the landscape for business and human rights cases in U.S. courts under the Alien Tort Statute (ATS) both before and after the U.S. Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co. It concludes that such cases today face a series of challenges, including personal jurisdiction, the question of corporate liability, the standard for aiding and abetting liability, and satisfying Kiobel’s “touch and concern” test.
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