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Keywords

tortstatutecorporationrespondentextraterritoriality
tortstatutecorporationrespondentextraterritoriality

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Kiobel v. Royal Dutch Petroleum Co.

Facts

Petitioners, a group of Nigerian nationals residing in the United States, filed suit in federal court against certain Dutch, British, and Nigerian corporations under the Alien Tort Statute, alleging that the corporations aided and abetted the Nigerian Government in committing violations of the law of nations in Nigeria. The complaint arose after residents in Nigeria began protesting the environmental effects of the corporations' practices, leading to violent suppression by Nigerian military and police forces. The petitioners alleged that the corporations provided support to the Nigerian forces, which included food, transportation, and compensation, and allowed the military to use their property for attacks.

Petitioners, a group of Nigerian nationals residing in the United States, filed suit in federal court against certain Dutch, British, and Nigerian corporations under the Alien Tort Statute, alleging that the corporations aided and abetted the Nigerian Government in committing violations of the law of nations in Nigeria.

Issue

Whether and under what circumstances courts may recognize a cause of action under the Alien Tort Statute for violations of the law of nations occurring within the territory of a sovereign other than the United States.

Whether and under what circumstances courts may recognize a cause of action under the Alien Tort Statute for violations of the law of nations occurring within the territory of a sovereign other than the United States.

Rule

The presumption against extraterritorial application provides that when a statute gives no clear indication of an extraterritorial application, it has none. This presumption serves to protect against unintended clashes between U.S. laws and those of other nations.

The presumption against extraterritorial application provides that when a statute gives no clear indication of an extraterritorial application, it has none.

Analysis

The Supreme Court applied the presumption against extraterritoriality to the claims under the ATS, determining that the statute did not provide a clear indication of extraterritorial application. The Court noted that the historical context of the ATS did not suggest that Congress intended for it to provide a cause of action for conduct occurring in the territory of another sovereign. The Court emphasized that mere corporate presence in the U.S. was insufficient to displace the presumption.

The Supreme Court applied the presumption against extraterritoriality to the claims under the ATS, determining that the statute did not provide a clear indication of extraterritorial application.

Conclusion

The Supreme Court affirmed the judgment of the Second Circuit, concluding that the ATS does not allow for claims based on violations of the law of nations occurring outside the United States.

The Supreme Court affirmed the judgment of the Second Circuit, concluding that the ATS does not allow for claims based on violations of the law of nations occurring outside the United States.

Who won?

Royal Dutch Petroleum Co. and other respondents prevailed in the case because the Supreme Court upheld the dismissal of the claims based on the presumption against extraterritoriality.

Royal Dutch Petroleum Co. and other respondents prevailed in the case because the Supreme Court upheld the dismissal of the claims based on the presumption against extraterritoriality.

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