US Supreme Court sceptical on Kiobel hearings

February 29, 2012

Further arguments in the Kiobel case on the liability of transnational corporations under ATCA were presented yesterday (28th February 2012) before the US Supreme Court. The case was commented a moment ago on this blog (see here as well as the ATCA / ATS tags for more comments)  and it seemed at the time that the Court was reluctant to aknowledge the existence of a principle of corporate liability under international law. Well, it seems that the argument persists.

For those interested in the debate, a very informative post by Lyle Denniston can be found on the SCOTUSblog:

” When Justice Anthony M. Kennedy, in the opening minute of a Supreme Court argument, tells a lawyer that his entire case is in jeopardy, it is extremely difficult for even an experienced counsel to recover.   And, though he tried, Venice, Calif., attorney Paul L. Hoffman did not appear on Tuesday to have resuscitated his argument that foreign corporations should be held to account in U.S. courts for human rights abuses in foreign lands.  At least a majority of the Justices looked notably unconvinced […]”

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