Point of Law, an online magazine sponsored by the Manhattan Institute, invited Julian Ku to share his opinion on the Supreme Court’s consideration of the Alien Tort Statute in Kiobel v. Royal Dutch Petroleum. His article, “The unattractive argument against corporate liability under the Alien Tort Statute” was publishedonline on February 27, 2012.
I will use two recent op-eds on the upcoming case to launch our discussion. Each op-ed reflects how the disputants in Kiobel would like to frame their argument to the Supreme Court and to the public.
In the NYT, Peter Weiss, formerly of the Center for Constitutional Rights, focuses on the importance of the ATS in holding human rights offenders accountable and the general unfairness of excluding corporations from ATS lawsuits.
In the Washington Post, former Bush Administration State Department Legal Advisor John Bellinger, argues that ATS lawsuits are being used to harass corporations into settlements, to interfere with other nation’s domestic affairs, and to embroil the United States in disputes with important foreign allies like the United Kingdom, the Netherlands, and Germany.
To read the full article, visit pointoflaw.com.