Because Kiobel removed corporate defendants from the scope of civil liability under the ATS, and because a corporation is not a person who can be charged, convicted and imprisoned for a crime, it effectively placed large multinational corporations above the law. Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111, 145 (2d Cir. 2010). In Part II of this article, I will provide a necessary overview of the history of the ATS and its evolution into modern-day relevance. I will discuss the state of ATS law as it pertains to corporations in Part III. Lastly, I will discuss the Kiobel decision in detail, describe how the Second Circuit erred in its holding, and suggest that the Supreme Court reverse the Kiobel decision on appeal in Part IV.
Golden, Kevin, "License to Kill? Corporate Liability Under the Alien Tort Claims Act?" (2012). In the Balance. 14.