Alien Tort Statute -- 2004
|
Doe I v. Unocal Corp.
(9th Circuit)
Aiding and abetting liability under Alien Tort Statute (en banc)
The NAM filed a joint amicus brief 4/30/03 with USA*Engage, the National Foreign Trade Council, the U.S. Chamber, the U.S. Council for International Business, and the Organization for International Investment. We supported an appeal by Unocal of an adverse judgment holding the company liable for “aiding and abetting” the acts of the Burmese (Myanmar) military in providing security for a pipeline project. We argued that the alien tort provision of the Judiciary Act of 1789 provides jurisdiction to federal courts but does not provide a substantive cause of action. There must be some other statute that defines violations of law that are actionable. Before oral argument could be held in December, 2004, the parties reached a settlement in principle.
|