Can corporations be sued for human rights abuse under the Alien Tort Statute? The case of Kiobel v. Royal Dutch Petroleum Co. has once again opened the floodgate of issues centered on corporate culpability. The lawsuit ultimately ignited a heated debate on the usefulness of the Alien Tort Claims Act (ATCA) of 1789, which provides district courts “original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." Whether the case will hold water remains a blurry prospect until now.
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| Image Source: thelawyer.com.ng |
Included as one vital section in the Judiciary Act of 1789, the ATCA has evolved as a potent weapon against US multinational corporate giants accused of direct or indirect violations of human rights in foreign soils. Regrettably, despite various safeguards on corporate abuses and violation of domestic and international laws, violators have long eluded legal culpability in the past. The Kiobel lawsuit against Royal Dutch Petroleum Co., Shell Transport & Trading Co., Plc, and its wholly owned subsidiary Shell Petroleum Development Company of Nigeria Ltd (SPDC) serves as a litmus test to the strength of ATCA in supporting the enforcement of international law and human rights standards.
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| Image Source: blogs.wsj.com |
While the original spirit of ATCA is to uphold the law of nations into criminal jurisprudence and maintain healthy international relations, its essence has to evolve into a true, solid display of support to international implementation of justice. Just as it must be effectively wielded for the ultimate protection of human rights at all cost, failure to do so is simply unjustifiable at all fronts.
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| Image Source: corporateaccountabilityforum.com |
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