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Kiobel and the US Alien Tort Statute: Australian Connections

Panguna Mine, Bougainville. Source: abc.net.au

Panguna Mine, Bougainville. Source: abc.net.au

By Jonathan Kolieb

Cynthia Banham wrote an insightful piece on this blog regarding the US Supreme Court’s Kiobel decision, which was handed down in April this year. The Court’s decision is of tremendous significance to the future of corporate accountability for heinous crimes. Indeed, the Kiobel decision, arguably, has a far greater impact on international, non-US firms than it does on US companies. On that basis, I would like to continue the conversation on this blog regarding corporate accountability in a post-Kiobel era that Cynthia has eloquently kicked off. To do so, I provide a few disconnected thoughts on the case from an Australian perspective. The judgment was influenced by Australian-linked developments, and it will have direct implications for Australian companies and potentially for our courts as well. 

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