Is Alien Tort Statute Applicable to Corporate Defendants?

Early in the Supreme Court oral arguments in Kiobel v. Royal Dutch Petroleum Co., Justice Kennedy alerted the plaintiffs' lawyer that, for him, "the case turns on this:... 'No other nation in the world permits its court to exercise universal civil jurisdiction over alleged extraterritorial human rights abuses to which the nation has no connection." That statement, quoting an amicus brief filed for one of the defendants, is true when taken literally, but is misleading inasmuch as it fails to take into account that analogous suits are allowed in teh civil-law world of Continental Europe if one knows how to go beyond the literal, as transposing from one legal system into another requies. Universal jurisdiction for jus cogens violations has found a fooring in the criminal law of civilian States for reasons tied to deep systemic attributes not shared by the United States legal order.

Is Alien Tort Statute Applicable to Corporate Defendants?
Alien_Tort_Statute_and_the_Corporate_Defendant_Draft.pdf