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Article

21 Dec 2011

Author:
Peter Weiss of Center for Constitutional Rights & others

[PDF] Kiobel, et al. v. Royal Dutch Shell Petroleum Co., et al. - Brief of amici curiae Intl. Human Rights Organizations & Intl. Law Experts in support of Petitioners

Amici respectfully submit that the majority’s flawed analysis of international law produced an erroneous conclusion that corporations cannot be held liable for egregious conduct which rises to the level of a violation of the laws of nations, as set forth in Sosa v. Alvarez- Machain...The majority ignored a well-recognized and often-applied source of international law, namely the “general principles of law recognized by civilized nations.” Indeed, the only mention of general principles was in a single footnote, in which the majority incorrectly relegated general principles to a secondary source of international law, and effectively dismissed them as an applicable source of international law.

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