Tag Archives: US Supreme Court

Iran files case against the USA before the ICJ

In a press release published on 15 June 2016 (available here), the International Court of Justice ("ICJ") announced that Iran has instituted proceedings against the USA, in respect of alleged violations under the 1955 US-Iran Treaty of Amity, Economic Relations … Continue reading

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Filed under ICJ, Iran, Middle East, Sanctions, State to state claims, US

Business, human rights, and extraterritoriality in American law

Beyond Borders: Non-US plaintiffs continue to make inroads towards holding multinational corporations liable under US law for alleged human-rights violations occurring beyond US borders. How can that be? The Alien Tort Claims Act (ATS) is an eighteenth-century statute that gives … Continue reading

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Filed under Alien Tort Statute, Americas, Business & Human Rights, US

US Supreme Court to address “agency” in commercial activity exception to sovereign immunity under the Foreign Sovereign Immunities Act

The Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602 et seq. (“FSIA”) provides for limited statutory exceptions to the sovereign immunity of foreign states and their instrumentalities. Under § 1605(a)(2) of the FSIA, a foreign state is not immune from … Continue reading

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Filed under Advice on State Contracts and Disputes, Sovereign Immunity/State Immunity, State Immunity, US

The Alien Tort Statute – when will a claim “touch and concern” the territory of the United States?

In Kiobel v Royal Dutch Petroleum Co, the US Supreme Court held that the presumption against extraterritorial application of US laws applies to claims under the Alien Tort Statute (ATS). The Supreme Court left open the possibility of ATS claims … Continue reading

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Filed under Americas, International Human Rights

Comment

The TDM article by Larry Shore and Amal Bouchenaki has been cited by BG in its Supplemental brief for the Petitioner dated 21 May 2013 in support of its petition for writ of certiorari to the US Supreme Court in BG … Continue reading

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Filed under Americas, Investment Arbitration, News