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The article dissects the legal reasoning of the United States Court of Appeals for the Second Circuit in Kiobel v Royal Dutch Petroleum[1] and argues that the majority simply got it wrong principally by conflating ‘the jurisdictional and cause of action aspects of an ATS suit’. [read post]
’[3] On the question of domestic law the Court finds that ‘the law of the United States has been uniform since its founding that corporations can be held liable for the torts committed by their agents. [read post]
by Melbourne Journal of International Law [Odette Murray is a Legal Officer at the Office of International Law, Attorney-General's Department, Australia. [read post]