Tagged: Supreme Court

Kiobel and the Commission

As readers may know, the hot topic in many international law circles this past week was the Kiobel v. Royal Dutch Petroleum Co. case currently under consideration by the US Supreme Court. On October 1, the Supreme Court heard a second round of arguments in the case specifically concerning the issue of the extraterritoriality of the US Alien Tort Statue (ATS). While this case primarily involves US and international law, EU lawyers may be interested to know that the European Commission submitted an amicus curiae brief to the Court. The brief, which is a fascinating read for anyone interested in EU foreign policy, details the EU’s position on the extraterritoriality issue. In short, it argues that (1) the US should exercise universal civil jurisdiction only in cases for which universal criminal jurisdiction would apply, and that (2) the ATS should include an exhaustion requirement.

Continue reading