Jesner Et Al. v. Arab Bank, PLC: Closing the Door to Litigation Against Foreign Corporations Under the Alien Tort Statute?
A recent post on this blog has highlighted a certain trend among European states towards an opening of their courts to foreign direct liability cases. Meanwhile, the US Supreme Court has just struck another blow against transnational human rights litigation against corporations.
On 24 April 2018, the United States Supreme Court rendered its long-awaited judgment in Jesner et al v. Arab Bank PLC (Jesner, 584 U.S.).
The claim adds to the extensive list of lawsuits filed under the Alien Tort Statute (ATS), an 18th-century statute which grants US courts jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” (28 U.S.C. para 1350).
Some additional thoughts about the burkini: international human rights law and the struggle for gender equality
Alice Ollino, Università degli Studi di Milano-Bicocca In her post on the burkini and the crisis of (international) law, Bérénice Schramm warned us against the limits of mainstream legal narratives that accommodate discrimination against women, and suggested revisiting the foundations of international law in order to attain full equality. The
Luca d’Ambrosio, Collège de France L’image du corps d’un enfant syrien échoué sur une plage turque a provoqué une onde de choc en Europe. À l’origine de ce choc, la réduction sacrilège de corps humains à la « vie nue ». À de simples corps transportables, traçables, jetables. Et pourtant, une fois
Duncan B. Hollis, Temple University School of Law War is the realm of uncertainty; three quarters of the factors on which action in war is based are wrapped in a fog of greater or lesser uncertainty. Carl von Clausewitz, Vom Kriege (1832), Bk. 1, Ch. 3. It is a cruel
On 12 May 2014 the Court, sitting as a Grand Chamber, delivered the judgment on just satisfaction in Cyprus v. Turkey [hereinafter: Judgment], the first of this kind in inter-State proceedings under art. 33 ECHR. The Court awarded to the applicant State a substantial sum to compensate the material and
On 7 November 2013, the European Court of Human Rights (Court hereinafter) handed down its much-awaited decision in Vallianatos and Others v Greece (applications nos. 29381/09 and 32684/09), and delivered the first major win for gay rights in Greece. In an exemplary ruling, the Court held Greece to be in violation of
The recent rulings of the U.S. Supreme Court on same-sex marriage (both dated 26 June 2013: U.S. v. Windsor, 2013 U.S. LEXIS 4921 and Hollingsworth v. Perry, 2013 U.S. LEXIS 4919) triggered the question of whether States should recognize the right to marry a person of the same sex. In
Increasing attention is being drawn on the ‘Cypriot case’, which has been causing considerable turbulence on the financial markets and raising remarkable political and legal concerns. The attitude taken by the European and international Institutions while dealing with the Cypriot crisis might seem somewhat fuzzy and confused if compared with