The United States Supreme Court has held in Kiobel, affirming the Court of Appeal’s dismissal of the case. The core of the argument is identified by the Court itself as being ‘The presumption against extraterritoriality applies to claims under the ATS, and nothing in the statute rebuts that presumption.’
As soon as I have read the judgment (notwithstanding – finally! – the first spring sunshine on the continent, I am snowed under), I shall come back with commentary. This seemed important enough for those following the issue to be alerted immediately. Previous postings related to the issues may be found here and here.
Geert.
Finally!
At first glance, the SC appears to have closed the door quite far, leaving only very specific factual situations within the scope of the ATS? I’m looking forward to your analysis!
Bregt