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Article

30 Sep 2013

Author:
EarthRights International

[PDF] Out of Bounds - Accountability for Corporate Human Rights Abuse After Kiobel

This report presents a summary of the history, jurisprudence and politics of the [Alien Tort Statute (ATS)], explaining how this obscure law became one of the most important and hotly contested tools in the area of business and human rights and the target of attack by the corporate lobby, the Bush Administration, and eventually even the Obama Administration. We track the rise of the ATS through its highs, including the Supreme Court’s 2004 decision in Sosa v. Alvarez Machain, to its recent holding in Kiobel v. Royal Dutch Petroleum (Shell). We consider the future of ATS claims and other avenues for human rights litigation more broadly in light of the holding, and conclude that new tools are needed to fulfill U.S. obligations to hold corporations accountable. [Also refers to Arab Bank, CACI, Chevron, Chiquita, Cisco, ExxonMobil, Pfizer, Rio Tinto, Total, Unocal (part of Chevron).]

Part of the following timelines

EarthRights International releases new report examining evolution & future of human rights litigation in US courts

Rio Tinto lawsuit (re Papua New Guinea)

ExxonMobil lawsuit (re Aceh)

Apartheid reparations lawsuits (re So. Africa)

Firestone lawsuit (re Liberia)

Abu Ghraib lawsuits against CACI, Titan (now L-3)

Cisco Systems lawsuits (re China)

Arab Bank lawsuit (re terrorist attacks in Israel)