How is it that a movie about a children’s toy can raise tensions over territorial sovereignty? And why is it that certain international disputes draw more global attention than others? This monthly educational podcast by the Asser Institute, research centre for international and European law, explores such questions. It focuses on the stories behind international legal concepts and issues that shape our world.
How is it that a movie about a children’s toy can raise tensions over territorial sovereignty? And why is it that certain international disputes draw more global attention than others? This monthly educational podcast by the Asser Institute, research centre for international and European law, explores such questions. It focuses on the stories behind international legal concepts and issues that shape our world.
In this episode, Dr Lucas Roorda joins us to discuss the Kiobel v Shell case, and the story behind the lawsuit that was dismissed by the Hague District Court in 2022. In particular, we discuss the procedural history of the decision, transnational litigation and how this case may be considered to illustrate procedural unfairness at play between individuals and corporations.
Decision:
https://uitspraken.rechtspraak.nl/#!/details?id=ECLI:NL:RBDHA:2022:2449
Disclaimer by Dr Roorda:
During the podcast, the ‘Southern DC Circuit’ was mentioned in deciding Kiobel, but it was the Southern District Court of NY (SDNY), and the 2nd Circuit on appeal. It was also mentioned that Kavanaugh was on the Circuit Court deciding Kiobel on appeal, but that is not correct – Kavanaugh was the dissenting judge on the DC Circuit in Doe v. Exxon (I), the case that created the Circuit split with Kiobel.