Question Description
- Read Kiobel v. Royal Dutch Petroleum Co.
https://www.oyez.org/cases/2011/10-1491
https://cja.org/what-we-do/litigation/amicus-brief…
https://www.law.cornell.edu/supremecourt/text/10-1…
- Consider the distinctions between that case and similar domestic cases.
With these thoughts in mind:
Provide a brief description of Kiobel v. Royal Dutch Petroleum Co., summarizing the international law issue in the case. Be sure to include the citation to the case identifying the court and the date the decision was issued. Provide a reasoned assessment of how this case is distinct from domestic cases that we have already examined in previous week’s Learning Resources.
Include in your assessment:
- Whether the court used a distinct type of analysis
- Whether or not the court deferred to other branches of the government in making its decision
- An explanation of whether the court considers its ruling to have a distinct impact on this policy as compared to domestic cases
Support your response using the Learning Resources.
Articles
Delahunty, R., & Yoo, J. (2003). Against foreign law. Harvard Journal of Law & Public Policy, 29, 291–330. Retrieved from http://www.law.harvard.edu/students/orgs/jlpp/Vol2…
Cohen, H. (2006). Supremacy and diplomacy: The international law of the U.S. Supreme Court. Berkeley Journal of International Law, 24(1), 273–329. Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id…
Fandl, K. J. (2007). U.S. trade policy and multilateralism—The challenge of bilateral trade agreements. Retrieved from http://www.vsb.org/docs/valawyermagazine/vl1207_fa…
Cases
United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936).
Medellin v. Texas, 552 U.S. 491 (2008).
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