The Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co. was relentlessly, and unexpectedly, local in character. Notwithstanding the global outlook suggested by the Alien Tort Statute (ATS), which governs civil actions by “an alien” for torts contrary to “the law of nations or a treaty of the United States,” the Court invoked the presumption against extraterritoriality to limit the statute’s reach.
SWAINE, Edward T. Kiobel and Extraterritoriality: Here, (Not) There, (Not Even) Everywhere (2017). Oklahoma Law Review, v. 69, p. 23-51, 2016. Disponível em: <https://ssrn.com/abstract=2958277>. Acesso em: 01 maio 2017.