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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Lessons from Kiobel v Royal Dutch Petroleum Company: developing homegrown lawyering strategies around corporate accountability
Authors:Jain, Meetali
Meyersfeld, BonitaISNI
Year:2014
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:30
Issue:3
Pages:430-457
Language:English
Geographic terms:South Africa
Nigeria
United States
Subjects:multinational enterprises
offences against human rights
international law
jurisdiction
External link:https://doi.org/10.1080/19962126.2014.11865117
Abstract:In April 2013, the United States Supreme Court handed down the long-awaited judgement in 'Kiobel v Royal Dutch Petroleum Company,' a case alleging corporate exploitation of communities in an oil-rich area of Nigeria. The case examined the Alien Tort Statute (ATS), an old statute allowing non-US citizens to bring claims in US courts for violations of the law of nations. In its judgement, the court limited the applications of the ATS. This article explores the holding and reasoning of 'Kiobel' in light of previous ATS jurisprudence, and set against the geopolitical considerations of international human rights frameworks within the US, with a particular focus on what this case means for South Africa and the region. The article queries the continuing need for countries in the Global South, including South Africa, to rely on foreign courts for corporate accountability, particularly given robust domestic legal frameworks that are under-utilized. South Africa, in particular, is best placed to begin the regional dialogue regarding law reform and corporate accountability. Local lawyers and law students must be encouraged to develop creative lawyering strategies in the area of corporate accountability. Finally, the article highlights the need to support communities and individuals most affected by corporate abuse to construct and share their narratives as part of their broader quest for meaningful poltical and economic justice. Bibliogr., notes, ref., sum. [Journal abstract]
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