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Kiobel and Corporate Immunity Under the Alien Tort Statute

March 28, 2011 Harvard ILJ 1

This commentary examines the Kiobel decision against other recent interpretations of the ATS, especially those following the Supreme Court’s decision in Sosa v. Alvarez-Machain. Although corporate immunity makes little sense doctrinally, this commentary attempts to provide a rationale for the Second Circuit’s decision.

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Corporate Accountability in Conflict Zones: How Kiobel Undermines the Nuremberg Legacy and Modern Human Rights

November 30, 2010 Harvard ILJ 0

Taking the recent Kiobel decision as a starting point, this article examines the ramifications of the majority opinion with respect to corporate accountability in conflict zones, both in the ATS context and more generally. The article contends that Kiobel is out of step with the historical tradition of the international legal system to fill governance gaps, including by holding actors operating in conflict zones accountable for egregious violations of human rights when domestic systems fail to do so.