SCOTUS & The Alien Tort Act: Take Two

Mar 062012
 

Last week, I blogged about Kiobel v. Royal Dutch Petroleum Company, which was argued before the United States Supreme Court.

The issue was whether the Alien Tort Act allows foreign plaintiffs to sue US corporations for certain human rights violations; however, questioning ventured into the broader question of whether United States Courts could ever hear human rights cases when the alleged abuses occurred outside the United States.

It turns out that the Court may want to address the broader question.  The Court has asked the parties to file additional briefs and appear for reargument.  The Court ordered:

This case is restored to the calendar for reargument. The parties are directed to file supplemental briefs addressing the following question: Whether and under what circumstances the Alien Tort Statute, 28 U.S.C. 1350, allows courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States. The supplemental brief of petitioners is due on or before Thursday, May 3, 2012. The supplemental brief of respondents is due on or before Monday, June 4, 2012. The reply brief is due on or before Friday, June 29, 2012. The time to file amicus curiae briefs is as provided for by Rule 37.3(a). The word limits and cover colors for the briefs should correspond to the provisions of Rule 33.1(g) pertaining to briefs on the merits rather than to the provision pertaining to supplemental briefs.

Odds and Ends

Mar 022012
 

 

  • I blogged yesterday about the US Supreme Court hearing a case regarding foreign plaintiffs suing under the Alien Tort Act.  Law.com published an interesting article that discusses the exchange and the judge’s perceived hostility towards the plaintiffs.
  • Chevron is pleased that an international arbitration tribunal has ruled that it has jurisdiction to hear Chevron’s claim against Ecuador.  The tribunal took its lead from treaty law.  This was not unexpected, and the saga continues…
  • Human Rights abuses in Syria continue to dominate world news, and today the United Nations Human Rights Council voted to condemn the Syrian regime’s continual abuses against it’s citizens.  The vote was 37 to 3.  Among the three nations voting no, China and Russia have continually blocked the UN from taking decisive action in this matter.  For now, the world will continue to watch the images from Syria in horror.

ABA International Law 2012 Spring Meeting: New York

Feb 272012
 

I will be attending my second ABA International Law Spring Meeting in New York April 17-21, 2012.  The biannual New York meeting will once again be held at the Grand Hyatt New York.  Registration is open, and today (2/27/2012)  is the final day to register at “early bird prices.”

The conference promises “over 70 substantive concurrent continuing legal education sessions and showcases with world-class speakers.”  In addition there will be a bevy of lunches, dinners, and other networking opportunities.

For more information, check out the event’s official site, and note that young attorneys and law students can attend at a substantial discount.