Wednesday, March 27, 2013

Kiobel v. Royal Dutch Petroleum Co., Inc.

This case deals with the dozens that want to hold oil companies for human rights issues from the 1990's that took place in Nigeria.  It has to do with abuses that happened abroad. "The plaintiffs allege the oil giants conspired with the government to stop protests over petroleum exploration, using killings, rape, arrests, and property destruction. Shell has denied giving soldiers any money, supplies, or logistical help." In 2004 the high court endorsed ATS with limited circumstances.

The case was ordered re-heard with hopes of refocusing the limits of the laws, "whether it can be applied extraterritorially for violations occurring overseas." If the Supreme court decides against the plaintiffs, there could be an end to ATS litigation. "A Supreme Court decision against the plaintiffs could effectively end ATS litigation. Similar lawsuits involve Chevron and Exxon energy operations in Indonesia; Chiquita Brand fruit farms in Colombia; and businesses that operated years ago in the now-outlawed apartheid system in South Africa."

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