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2 Feb 2012

Federal Republic of Germany

[PDF] Kiobel, et al. v. Royal Dutch Petroleum, et al. [Amicus brief - Germany]

The Federal Republic of Germany has consistently maintained its opposition to overly broad assertions of extraterritorial civil jurisdiction arising out of aliens’ claims against foreign defendants for alleged foreign activities that caused injury on foreign soil. This position is not one that has been lightly adopted by The Federal Republic of Germany. The Federal Republic of Germany believes that overbroad exercises of jurisdiction are contrary to international law and create a substantial risk of jurisdictional conflicts with other countries...The Federal Republic of Germany files this amicus brief to urge this Court to affirm the decision of the Second Circuit Court of Appeals that the issue of civil liability of a foreign corporate defendant is an issue of subject matter jurisdiction and to reaffirm its prior ruling in Sosa v. Alvarez – Machain...