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ARTICLE · 26 JULY 2011

Corporate Human Rights Due Diligence Alert

DC Court of Appeals Reinstates Alien Tort Statute (ATS) Claims Against Exxon Mobil for Complicity in Extraterritorial Acts Raising Policy Considerations for Multinationals.

United StatesCriminal Law
Raymond Brown
Raymond Brown

DC Court of Appeals Reinstates Alien Tort Statute (ATS) Claims Against Exxon Mobil for Complicity in Extraterritorial Acts Raising Policy Considerations for Multinationals

2011 US App Lexis 13934

View the opinion - http://1.usa.gov/pE1M2r

Corporate social responsibility (CSR) in the context of human rights due diligence, and the correlative financial performance of multinationals, was made a more nuanced policy consideration by another Court of Appeals decision.

On Friday, July 8, 2011, the U.S. Court of Appeals for the District of Columbia Circuit, reinstated a lawsuit by Indonesian villagers that seeks to hold Exxon Mobil Corp. liable for alleged killings and torture committed by Indonesian soldiers guarding its natural gas operations in the country's Aceh province. In its 2 to 1 decision, the Court delineates its rationale and position vis-à-vis the New York Circuit Court of Appeals opinion which reached an opposite result on the ATS claims:

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