The Alien Tort Statute: Kiobel Dials It Back

In Kiobel v. Royal Dutch Petroleum Co., No. 10-1491 (U.S. Apr. 17, 2013), the U.S. Supreme Court held that the presumption against extraterritoriality applies to claims under the Alien Tort Statute (ATS).¹ Consequently, there is no federal court jurisdiction under the ATS for torts in violation of the law of nations that occur in a foreign country.

Kiobel signals a major retreat from the expansion over the last 30 years of federal court jurisdiction to hear overseas human rights abuse cases. Although multinational companies may cheer this ruling, human rights advocates will likely be chagrined by the new limitations imposed on ATS claims. Lower federal courts will undoubtedly be relieved to hear that they will not have to write more lengthy discourses on the history of this ancient statute, yet there remain many unanswered questions about its reach.