1789年外国人侵权法与国际人权侵犯:Kiobel诉荷兰皇家石油公司案。

Q2 Social Sciences
P. A. Becker
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引用次数: 0

摘要

Kiobel诉荷兰皇家石油公司案涉及《外国人侵权法》(ATS)下的诉讼。该案件是由尼日利亚活动家和Ogoni部落成员Barinem Kiobel博士的遗孀和其他人在尼日尔河三角洲犯下的侵犯人权行为在美国纽约南区提起的。被告包括荷兰皇家石油公司、壳牌运输和贸易公司以及尼日利亚壳牌石油开发公司。虽然据称尼日利亚军政府犯下了包括谋杀和酷刑在内的侵犯人权行为,但据称被告荷兰皇家石油公司协助和教唆尼日利亚军方侵犯人权。原告对被告荷兰皇家石油公司在尼日尔三角洲地区造成的环境破坏和奥戈尼地区奥戈尼人的困境进行了抗议。在审判一级,法院决定,某些涉及违反《国际法》的指控可以由法院审理。然而,该案被上诉至美国最高法院,最高法院裁定,在适用ATS时存在反对治外法权的推定,被告公司在美国“仅仅存在”不足以使法院承担管辖权。然而,问题仍然存在:什么样的公司存在可以作为法院根据ATS承担管辖权的充分依据?鉴于即使在Kiobel事件之后,公司也有可能,也许将来会被认定对在外国发生的侵犯人权行为负责,因此,谨慎的风险管理要求公司及其律师监测其业务中是否正在发生侵犯人权行为,即使这些侵犯人权行为是由外国政府或其代理人犯下的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The alien tort statute of 1789 and international human rights violations: Kiobel v. royal dutch petroleum co.
Kiobel v. Royal Dutch Petroleum Co. involves an action under the Alien Tort Statute (ATS). The case was brought in the United States, Southern District of New York, by the widow of Dr. Barinem Kiobel, a Nigerian activist and member of the Ogoni tribe, and others for human rights violations committed in the Niger River Delta. Defendants include Royal Dutch Petroleum, Shell Transport and Trading Co., and Shell Petroleum Development Company of Nigeria. Although the human rights violations including murder and torture were allegedly committed by the Nigerian military government, it is claimed that the Royal Dutch Petroleum defendants aided and abetted the Nigerian military in the human rights violations. The plaintiffs had engaged in protests about the environmental damage caused by the Royal Dutch Petroleum defendants in the area of the Niger Delta and the plight of the Ogoni people in Ogoniland. At the trial level, the court decided that certain claims involving violations of the Law of Nations could be heard by the court. However, the case was appealed to the U.S. Supreme Court, which decided that there is a presumption against extraterritoriality in the application of the ATS, and that “mere presence” of a defendant corporation in the United States is insufficient for a court to assume jurisdiction. However, the question remains: What corporate presence would serve as a sufficient basis for a court to assume jurisdiction under the ATS? Given the possibility that corporations could, and perhaps in the future will, be found liable for human rights violations occurring in foreign locales even after Kiobel, prudent risk management behooves corporations and their counsel to monitor whether human rights violations are occurring in connection with their operations, even when those human rights violations are committed by foreign governments or their agents.
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来源期刊
New England Journal of Entrepreneurship
New England Journal of Entrepreneurship Economics, Econometrics and Finance-Economics and Econometrics
CiteScore
3.80
自引率
0.00%
发文量
6
审稿时长
12 weeks
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