As a group we concluded that Royal Dutch Petroleum should not be held liable for the human rights abuses. Royal Dutch Petroleum was supply the government with supplies that led to human rights abuses, this would be like saying a company is responsible for someone buying a product and using it in a harmful way. They were supplying transportation and shelter, they were not supplying weapons or anything that led directly to the human rights abuse, they were selling their product, they are not responsible for how the consumer uses the supplies. We believe that if the Ogoni people want to go after someone for the human rights abuse it shouldn’t be Royal Dutch Petroleum, they should go after the Nigerian government, I am not sure how they could go about thus but Royal Dutch Petroleum they should go after the Nigerian government, I am not sure how they could go about this but Royal Dutch Petroleum should not be the target for the Ogoni people.
We concluded as a group that the Ogoni people can not take a lawsuit to United States courts for what happened in another country. This lawsuit should be heard by the courts in their country, they can take Royal Dutch Petroleum to court in their country because that his where the human rights abuse occurred. The United States isn’t responsible for what the company Royal Dutch Petroleum does, the United States government can put bans on some of Royal Dutch Petroleum’s products or add extra tax to them but the Ogoni people should not be able to receive compensation from them when it’s a lawsuit held in the United States.
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.
If people in this country want to sue a organization involved in our country but held in another, they should be able to. So if they can do that than I think it is possible that you can sue a US industry for acts in a different country. Shell should not have acted in these crimes. The case will side with Kiobel in a 5 to 4 vote. Kiobel has the right to come to the US and sue another company from a different country. Shell argued that companies are not people and only people make up companies. I think that they should be able to control your own workers form your company to not enforce these types of acts. Shell also argues that problems held in a certain country should stay in that country. The government in Nigeria is messed up as it is. The case should be brought here and there is no reason that it shouldn’t.
Corporate rights) I think that if the corporation can pull of freedom of speach, then they should be liable for human right offenses. You created a crime against human rights and freedom of speech cannot and will not help you.
Federal Courts of International Law) The power of Congress is to enforce foreign policy and saftey. saying this, they should act against shell and the other company and help defend Kiobel.