Abstract:
In April 2013, the United States Supreme Court handed down the long-awaited judgment
in Kiobel v Royal Dutch Petroleum Company, a case alleging corporate exploitation of
communities in an oil-rich area of Nigeria. The case examined the Alien Tort Statute
(ATS), an old statute allowing non-US citizens to bring claims in US courts for violations
of the law of nations. In its judgment, the court limited the application of the ATS.
This article explores the holding and reasoning of Kiobel in light of previous ATS
jurisprudence, and set against the geopolitical considerations of international human
rights frameworks within the US, with a particular focus on what this case means for South
Africa and the region. The article queries the continuing need for countries in the Global
South, including South Africa, to rely on foreign courts for corporate accountability,
particularly given robust domestic legal frameworks that are under-utilised. South Africa,
in particular, is best placed to begin the regional dialogue regarding law reform and
corporate accountability. Local lawyers and law students must be encouraged to develop
creative lawyering strategies in the area of corporate accountability. Finally, the article
highlights the need to support communities and individuals most affected by corporate
abuse to construct and share their narratives as part of their broader quest for meaningful
political and economic justice.
