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13 Jan 2013

Francisco Javier Zamora Cabot, Universidad Jaume I de Castellón

[PDF] Kiobel and the Question of Extraterritoriality

The [Kiobel] case is already renowned for the significance of what is being decided: whether or not multinational corporations are subject to the well-known Alien Tort Claims Act (ATCA) and the future of that Act. Enormous expectations have been created in the media and in the interested parties, resulting in any number of positions being made public in the most diverse forums including, of course, academic forums…What is most surprising is the focus the Court has taken in a case that was originally…presented on the basis of very different principles. ATCA and its application have suddenly been thrown into the murky and tempestuous ocean of the extraterritoriality of laws…