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R.I.P. A.T.S.? How much of the Alien Tort Statute survives the Supreme Court’s Kiobel Decision?

This morning, the Supreme Court dismissed the human rights claims of a group of Nigerian nationals against Royal Dutch Petroleum (Shell) under the Alien Tort Statute (A.T.S.) in a 9-0 decision, though the justices split 5-4 as to the reasoning. For the original opinion, see: Kiobel v. Royal Dutch Petroleum Co., 569 U.S. ___ (2013)

Justice Roberts delivered the opinion of the Court on behalf of 5 justices. First, the Court held that the presumption against extraterritoriality, explained with force in Morrison v. National Australia Bank, 561 U.S. ___ (2010), applies to the statute and the federal common law cause of action under the statute. Second, the court found nothing in the statute’s language or history to rebut the presumption. Third, there are no facts to rebut the presumption in the instant case. Fourth and finally, the Court justifies its solution as preventing the ‘diplomatic strife’ that may arise from judicial interference in foreign policy, an area that is traditionally reserved to the political branches. The Court implied that even if the primary norm that created the cause of action might not cause strife, the judicial search for secondary rules (such as corporate liability) may still do so.

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Fate of the Unilateral Option Clause Finally Decided in Russia

By: Yelena E. Archiyan[*]

For years, arbitration courts in Russia have upheld over and over again the validity of the so called unilateral option clause (“UOC”). But everything changed on June 19, 2012, when the Presidium[1] of the highest arbitration court of the Russian Federation[2] held in Russian Telephone Company v. Sony Ericsson Mobile Communications Rus that such clauses are invalid and unenforceable.[3] In 2009, Russian Telephone Company (“RTC”) entered into an agreement with the Russian subsidiary of Sony Ericsson, Sony Ericsson Mobile Communications Rus (“Sony Ericsson”) for the distribution of Sony Ericsson phones.

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Opinio Juris Online Symposium for Vol. 45, No. 1

The NYU Journal of International Law and Politics is proud to once again partner with Opinio Juris for an online symposium around Jenia Iontcheva Turner’s article, Policing International Prosecutors. Over the next two days, a number of scholars will be responding to Professor Turner’s article that was published in our Volume 45, No. 1 issue.

To follow that dialogue, please visit to Opinio Juris.

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Vol. 45, No. 1 Available Online

Our fall issue, Vol. 45, No. 1, is now available to view online. This issue includes pieces by Arnulf Becker Lorca on the global war on terror, Pammela Quinn Saunders on enforcing human rights, and Jenia Iontcheva Turner on the regulation and policing…

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Arbitration and Right of Access to Justice: Tips for a Successful Marriage

The arbitration, a form of private justice paid by the parties, and the right of access to justice regardless the financial obstacles guaranteed by the European Convention of Human Rights are predetermined to have a difficult relationship. Nevertheless, their “marriage”…

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JILP Achievement in Marden Competition

Congratulations to JILP Managing Editing Harold Williford for outstanding success in the Orison S. Marden Moot Court Competition.  Based on his combined brief and oral argument score, he will be among the twelve competitors advancing to the Spring Semi-Final Round.  In addition, Harold is…

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FDI Moot Team Achieves Success with JILP Members

NYU reached the semi-finals at the 2012 Foreign Direct Investment International Arbitration Moot in Boston, Massachusetts.  The Journal of International Law & Politics had four members on the team with Wonjoo Choe, Matthew Delja, Benjamin Guthrie, and Rebecca Shieh participating.  Matthew received…

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Tug of War Symposium This Thursday

The Journal of International Law and Politics is pleased to invite you to attend our 2012 symposium this Thursday, October 25th. Our all day event, entitled "Tug of War: The Tension Between Regulation and International Cooperation," will feature panel discussions…

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Announcement of the JILP Peer Review Award

It is our pleasure to announce the winner of the Journal of International Law and Politics Peer Review Award for Volume 44: Harlan Grant Cohen, for his piece Finding International Law, Part II: Our Fragmenting Legal Community. The award recognizes…

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JILP Seeking L.L.M. Graduate Editors

JILP is currently soliciting applications for membership on the journal from NYU LL.M. students. Those who are accepted will be “Graduate Editors” on JILP, and will be responsible for three hours per week of office hours and for fulfilling other…

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