Breaking News: Supreme Court rules there is a presumption against the extraterritorial applicability of the Alien Tort StatuteApril 17, 2013 # 10:26 am # Armed Conflict, Education, Foreign Policy, Human Rights, International Law, International Organizations, Supreme Court # No Comment
The Supreme Court issued its Opinion in Kiobel v. Royal Dutch Petroleum this morning. Chief Justice Roberts writing the Opinion of the Court:
We therefore conclude that the presumption against extraterritoriality applies to claims under the ATS, and that nothing in the statute rebuts that presumption.
. . .
On these facts, all the relevant conduct took place outside the United States. And even where the claims touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against extraterritorial application. See Morrison, 561 U. S. ___ (slip op. at 17–24). Corporations are often present in many countries, and it would reach too far to say that mere corporate presence suffices. If Congress were to determine otherwise, a statute more specific than the ATS would be required.
WOW! I will attempt to post more– although I am going out of the country today and may be delayed.
HT: Paul Hughes