INTRODUCTORY NOTE TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT: FLOMO ET AL. V. FIRESTONE NATURAL RUBBER CO., LLC

摘要

U.S. courts have struggled in their interpretation and application of the Alien Tort Claims Act ("ATCA"), a statute that permits non-U.S. citizens to bring civil lawsuits in U.S. courts for violations of the law of nations, as defined by customary international law, regardless of where those violations occur. The rise in ATCA cases in recent years has led to divergent interpretations by U.S. federal courts regarding who may be held liable for violations of the law of nations. Recently, the U.S. Supreme Court granted a petition for writ of certiorari in Kiobel v. Royal Dutch Petroleum Co. to resolve the split among the federal appellate courts regarding corporate liability under the ATCA. The Seventh Circuit's recent decision in Flomo et-al. v. Firestone Natural Rubber Co. further deepens this split and provides support for the conclusion that corporations can be liable under the ATCA.