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[PDF] Kiobel and Corporate Social Responsibility: An Issues Brief

On October 1, 2012, the United States Supreme Court will rehear arguments in a landmark case...Kiobel v. Royal Dutch Petroleum...brought by Nigerian plaintiffs against Shell...alleging that the company aided and abetted the Nigerian military dictatorship in the 1990s in the commission of gross human rights violations, including torture, extra-judicial execution, and crimes against humanity... Should the corporate responsibility to respect human rights remain entirely divorced from litigation strategy and tactics, particularly where the company has choices about the grounds on which to defend itself? Should the litigation strategy aim to destroy an entire juridical edifice for redressing gross violations of human rights, particularly where other legal grounds exist to protect the company’s interests? ... I don’t know what the correct answers to these questions are… What I do know is that if, on top of the many other reputational and legal challenges it has faced over the years, Shell also ends up being held responsible for so radically constricting the ATS, its road back to the corporate social responsibility fold will be long and hard. [also refers to lawsuits against Unocal (now part of Chevron), Total, ExxonMobil, Talisman]

Part of the following stories

ExxonMobil lawsuit (re Aceh)

Perfil de las demandas judiciales contra Shell por actividades en Nigeria

Talisman lawsuit (re Sudan)

John Ruggie asks whether Shell, in its arguments in Kiobel lawsuit in USA re alleged abuses in Nigeria, should "aim to destroy an entire edifice for redressing gross violations"

Apartheid reparations lawsuits (re So. Africa)