International Law Outline

Wiwa v. Royal Dutch Shell

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Wiwa v. Royal Dutch Shell (Packet I – p. 46) – Shell complicit in HR abuses against Ogoni people. 2nd cir reversed DC’s dismissal on forum non conveniens grounds, and denied motion to dismiss. SETTLED.

  • Bowoto v. Chevron (Packet I – p. 46-47) – Nigerians seized Shell platform. Chevron brought in Nigerian security, whose removal attempts led to two deaths and many arrests. Argued Chevron was vicariously liable for torture and other cruel treatment done by security forces. Jury found for DEFENDANTS.

    1. One of two ATS corporate cases to reach a jury.

  • Al Shimari v. CACI (Packet I – p. 47) – prisoners held at Abu Ghraib against private contractors. Court found claims against gov’t contractors TOO NOVEL (not up to customary law norm) to satisfy Sosa test for ATS jurisdiction.

  • Ibazzaz v. Blackwater (Packet I – p. 47) – Claims filed on behalf of two Iraqis killed when B employees opened fire on crowd of Iraqi civilians. Motion to dismiss pending.

  • 2005 – US and Palestinian HR org filed suit against former IDF commander re: Qana (567)

    1. Under ATS and TVPA – alleged Ya’alon participated in decision to shell UN compound at Qana, and had command responsibility for attack

    2. Accuses Y of war crimes, CAH, and other offenses.

  • Session 10 - Domestic Law in the International Arena

    1. Jurisdiction

      1. Three types of int’l jurisdiction

        1. Jurisdiction to prescribe (legislative jurisdiction or prescriptive jurisdiction) – promulgate law applicable to persons or activities

          1. Territorial principle

          2. Additional bases for prescriptive jurisdiction?

            1. Nationality principleexercise jx over nations, no matter where they are

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