Kiobel vs. Royal Dutch Shell: A Challenge to Transitional Justice

Macquarie Law Journal, Vol. 13 (2014)

9 Pages Posted: 8 Dec 2015

See all articles by Jonathan Kolieb

Jonathan Kolieb

Royal Melbourne Institute of Technolog (RMIT University) - Graduate School of Business and Law

Date Written: 2014

Abstract

This case note reviews the 2013 US Supreme Court decision in Kiobel v Royal Dutch Petroleum Co (‘Kiobel’) with reference to its potential implications for transitional justice. It argues that the Alien Tort Statute was an innovative transitional justice mechanism that has, due to the Kiobel decision, been sharply curtailed. Moreover, what the Court offered by way of reasoning for its dismissal of the Kiobel case, and what it did not say regarding liability for corporations raise concerning issues for the prospects of non-American human rights victims seeking redress and justice in US courts.

Keywords: Alien Tort Statute; corporate accountability; transitional justice; human rights; Kiobel

Suggested Citation

Kolieb, Jonathan, Kiobel vs. Royal Dutch Shell: A Challenge to Transitional Justice (2014). Macquarie Law Journal, Vol. 13 (2014), Available at SSRN: https://ssrn.com/abstract=2698993

Jonathan Kolieb (Contact Author)

Royal Melbourne Institute of Technolog (RMIT University) - Graduate School of Business and Law ( email )

Melbourne
Australia
61399251553 (Phone)

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