LAW 533 Lecture Notes - Lecture 4: Royal Dutch Shell, Alien Tort Statute, Corporate Social Responsibility
13 Feb 2018
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Shell was alleged to ask the government of nigeria to see if they could address the environmental activists that were saying negative things. National sovereignty: we will take it on in the us, direct opposite. Royal dutch shell, dual headquartered in the netherlands and uk. American court has concluded that it is a misuse of the statute. Brings to an end this sort of litigation. 9-36: second para: presumption against extra-terrirotrality (national sovereignty) Presumption where it took place, should be where it is resolved. Us shouldn"t be the default court system for the world. Shell sub liable 9-38 court concludes that the negligence in nigeria concerning an oil spill happening in nigeria, for which a subsidiary, and now holding shell liable in. Neglienge the parent company was negligent in respect to supervising its subsidiary (need to prove this before liability) Sabotage by forces of nigeria who are resistant of shell being in nigeria.
