We personally believe that the case involving Kiobel and the Royal Dutch Petroleum company is one that should be looked into further. We think that the Shell Petroleum company should separate itself from the Nigerian based government. If not that, we think they should give proof that they either did or did not give aid to the foreign government. By doing this, the misunderstanding with the riot raid can be cleared up and taken care of.
The Alien Tort Statue says,“the district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” This is saying that the companies are to be held liable for the violations of the law only if they have a treaty with the United States. We, as justices of the court, think that if there is any form of torture, punishment, cruelty, or genocide in a place in the world, that country should obey the laws that have been set forth by its government and the other countries that have power.
The United States does have a treaty with Nigeria. Because of this, our country, according to the Alien Tort Statute, has jurisdiction over the wrongs that were committed in the Kiobel v. the Royal Dutch Petroleum company.
In conclusion, we think that it is our duty to bring aid to the countries that we have agreed to help out. The United States has a job to accomplish.
We don’t think that we as a country should deal with cases like this one. This case is based in another country, so we shouldn’t have to get involved in it. By involving ourselves with foreign crimes, we could end up causing more problems in our country and in other countries.
First of all, our government would be throwing away a lot of money that we don’t have. In order to help the victims of the conflict in Nigeria, our government would have to intervene financially to fund their trials. If they help out the citizens of Nigeria, people from all over the world will expect the United States to help them as well.
Along those lines, the people that brought the lawsuit said the companies were guilty of serious crimes because they had assisted the governments that committed those crimes. These lawsuits should be dealt with in the countries that they occurred in. There is no need for our government to get involved because they crimes didn’t happen here and we have nothing to do with the things that happened overseas.
By getting involved in these problems, our country is opening up unnecessary issues. If our government decides to help the victims in other countries, then they will be wasting resources and time that could be used elsewhere.
The doctrine of separation of powers is violated when federal courts hear sophisticated claims about international law. The reason behind this belief is that it is Congress’ power to create and enforce our foreign policy. If the federal courts are collecting money and other such things, that means they are using our resources and giving them away to other countries. There is a difference between giving money, and wasting money.
If we hear about claims made in other countries, then we should leave it to the other countries to figure out what they want to do about the crimes committed. These foreign countries should try to hold the people who have done the crimes accountable before they bring it to the U.S. to make a decision that might have been easily made in the country that these crimes are being committed.
It is Congress’ duty to create and enforce our foreign policy, however Congress needs to know when and where they need to intervene when the need arrives to enforce that policy on other countries. Congress should not get involved in tiny matters that could be easily solved in the countries that have these problems. Congress should only enforce foreign policy when there is a great need for it.
Corporations should have the same laws as individuals so that they can be tried for the same crimes that normal people can be convicted of. Big businesses should be charged to the full extent of the law. If they have committed a crime that deals with a foreign country and that crime might make our ties with that country strained, then that business should go in front of the court and be tried as an individual.
If big corporations do not choose to protect their rights as if they were individuals, there would be no way to hold everyone accountable that they did or did not commit. In the Kiobel vs. Royal Dutch Petroleum case, the Royal Dutch Petroleum corporation is being accused of crimes against the people of Nigeria. By holding the corporation accountable, the mistreated citizens of Nigeria will have the right to go to court and receive justice.