JurisDictions: International law podcast - [Hague Courts] Kiobel v Shell: The story behind the lawsuit dismissed by the Hague District Court with Dr Lucas Roorda

[Hague Courts] Kiobel v Shell: The story behind the lawsuit dismissed by the Hague District Court with Dr Lucas Roorda

02/27/23 • 36 min

JurisDictions: International law podcast

In this episode, Dr Lucas Roorda joins us to discuss the Kiobel v Shell case, and the story behind the lawsuit that was dismissed by the Hague District Court in 2022. In particular, we discuss the procedural history of the decision, transnational litigation and how this case may be considered to illustrate procedural unfairness at play between individuals and corporations.

Decision:

https://uitspraken.rechtspraak.nl/#!/details?id=ECLI:NL:RBDHA:2022:2449

Disclaimer by Dr Roorda:

During the podcast, the ‘Southern DC Circuit’ was mentioned in deciding Kiobel, but it was the Southern District Court of NY (SDNY), and the 2nd Circuit on appeal. It was also mentioned that Kavanaugh was on the Circuit Court deciding Kiobel on appeal, but that is not correct – Kavanaugh was the dissenting judge on the DC Circuit in Doe v. Exxon (I), the case that created the Circuit split with Kiobel.

Decision:

https://uitspraken.rechtspraak.nl/#!/details?id=ECLI:NL:RBDHA:2022:2449

Disclaimer by Dr Roorda:

Previous Episode

[Hague Courts] Questioning nationality at the ICJ: Looking back at the Nottebohm case with Dr Péter D. Szigeti

In this episode, Carl discusses the International Court of Justice’s 1955 Nottebohm (Liechtenstein v. Guatemala) judgment with Dr Péter D. Szigeti of the University of Alberta. What is special about this case? What questions has it left open? And ought the ICJ reconsider the role international law perhaps should play in respect to certain questions concerning the nationality of individuals?

Judgments

Nottebohm (Liechtenstein v. Guatemala) -

Literature recommended by Dr Szigeti:

Cindy G. Buys, Nottebohm's Nightmare: Have We Exorcised the Ghosts of WWII Detention Programs or Do They Still Haunt Guantanamo?, 11 Chicago-Kent J. Int'l & Comp. L. 1-73 (2011)

Peter J. Spiro, Nottebohm and 'Genuine Link': Anatomy of a Jurisprudential Illusion, Investment Migration Working Papers IMC-RP2019/1 (2019)

Atossa Araxa Abrahamian, The Cosmopolites: The Coming of the Global Citizen (2015)

Noora Lori, Offshore Citizens: Permanent Temporary Status in the Gulf (2019)

Next Episode

[Hague Courts] The Peace Palace and the 'building' of the international community with Prof. Tanja Aalberts and Dr Sofia Stolk

In this episode, Prof. Tanja Aalberts and Dr Sofia Stolk share their research on the ‘building’ of the international community - The Peace Palace. What role did a curious ritual of gift-giving play in constituting the international community? What transnational, bureaucratic and monetary considerations (and bickering) were at play in the construction of the Peace Palace?

If you want to read more about what is discussed in this episode, please check out the articles by our guests below- (both open access):

T. Aalberts. and S. Stolk. Building (of) the international community: a history of the Peace Palace through transnational gifts and local bureaucracy

T. Aalberts. and S. Stolk. The Peace Palace: Building (of) The International Community

And also have a look at the Legal Sightseeing website: www.legalsightseeing.org