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Article

8 Aug 2012

Author:
OTP Bank

[PDF] Esther Kiobel, et al. v. Royal Dutch Petroleum, et al. - Supplemental Brief of OTP Bank as amicus curiae in support of Respondents

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While there are egregious international wrongs that are universally condemned, it does not follow that U.S. courts have or should exercise universal jurisdiction over civil actions involving such offenses when they are alleged to have been committed in foreign sovereign territory, by foreign nationals, against persons who were not U.S. citizens at the time the offenses occurred.2 Expanding federal courts’ jurisdiction under the Alien Tort Statute, 28 U.S.C. § 1350 (ATS), in such a radical manner would abandon the cautious and restrained approach applied to ATS claims by this Court in Sosa v. Alvarez-Machain, 542 U.S. 692, 727 (2004) (finding that the foreign relations consequences of ATS claims “should make courts particularly wary of impinging on the discretion of the Legislative and Executive Branches in managing foreign affairs”).

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