Kiobel v. Royal Dutch Petroleum Co.
Citation: 569 U.S. 108 (2013)
Facts
Nigerian plaintiffs sued Royal Dutch Petroleum (Shell) and related Dutch and British corporations in U.S. federal court under the ATS for aiding and abetting the Nigerian government in human rights violations — including extrajudicial killings, torture, and arbitrary arrest — in Nigeria’s Ogoni region. The corporations had no substantial U.S. presence.
Issue
Does the ATS permit federal courts to hear claims for violations of the law of nations that occur within the territory of a foreign sovereign?
Holding
No. The Supreme Court unanimously held that the presumption against extraterritoriality applies to ATS causes of action. The ATS does not extend to conduct occurring entirely within foreign territory. The Court left open whether the presumption could be overcome if the claims “touch and concern” U.S. territory with sufficient force.
Rule
The presumption against extraterritoriality applies to the ATS. Federal courts may not hear ATS claims for conduct occurring entirely in a foreign country. For claims that touch and concern the United States, courts must assess whether the nexus is sufficient — mere corporate presence or listing on U.S. exchanges is not enough.
Significance
Kiobel dramatically curtailed transnational human rights litigation in U.S. courts. After Kiobel, most ATS suits based on foreign conduct are dismissed. The “touch and concern” exception remains underdefined. Kiobel is read alongside Sosa and Filartiga to trace the rise and fall of ATS litigation.