Kiobel and the New Battle Over Congressional Intent
Keyword(s):
Transnational human rights litigation under the Alien Tort Statute (ATS) has been plagued by the overarching question of the domestic legal status of customary international law (CIL). Kiobel v. Royal Dutch Petroleum Co. is the Supreme Court's second installment on the ATS. Like Sosa v. Alvarez-Machainbefore it, Kiobel does not expressly address the domestic legal status of CIL, but it does provide clues. Those clues suggest two insights: the Court views CIL as external to U.S. law, rather than as part of federal common law, and the role of CIL in future cases may be affected less by arguments about CIL's status as federal common law than by arguments about congressional intent.
1999 ◽
Vol 29
(1)
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pp. 27
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2016 ◽
Vol 75
(2)
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pp. 220-243
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2017 ◽
Vol 19
(1)
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pp. 68-97
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2013 ◽
Vol 107
(3)
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pp. 601-621
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2013 ◽
Vol 5
(3)
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pp. 317-341
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2017 ◽
Vol 6
(2)
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pp. 242-261
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