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U.S. Court Finds Corporations Immune From Liability For Human Rights Abuses
The decision in Kiobel v. Royal Dutch Petroleum marks the first time that any appellate court has rejected corporate liability under international law, and only the second time that any court has done so (the first was in a district court decision issued last week). Numerous courts have found that corporations are subject to the same liability as persons. The Kiobel decision is based on a radical misunderstanding of international law; the International Court of Justice has ruled that international law respects the corporate form, and this would be impossible without allowing corporate liability.