Human Rights Litigation in the United States After Kiobel
Publisher
PKU Transnational Law Review
Date
2013
For more than 30 years, the Alien Tort Statute served as the primary vehicle for international human rights claims in United States federal courts. But in its long-awaited decision in Kiobel v Royal Dutch Petroleum Company, the Supreme Court may well have brought that era to an end. This article assesses the impact of Kiobel on claims by aliens that their internationally protected human rights have been violated. It concludes that Kiobel may not have foreclosed human rights actions, but rather shifted their locus both to different grounds for subject-matter jurisdiction in the federal courts and to new territory in the state courts.
Citation
Paul B. Stephan, Human Rights Litigation in the United States After <em>Kiobel</em>, 1 PKU Transnational Law Review, 339–350 (2013).