[IntLawProfessors] PAQUETE HABANA REPLACEMENT?

William Slomanson bills at tjsl.edu
Sun Nov 6 05:58:08 EST 2011


About 10 days ago, I mentioned the very recently decided (and latest round in the) Rio Tinto A.T.S. litigation---as a potential replacment for the US SCt 1900 P.H. case. I had some intriguing replies, some of which resisted my suggestion, on grounds including Rio Tinto being limited to the A.T.S. scenario.

By dumb luck, I was in the chambers of the trial judge in Rio Tinto this week, when she handed me a copy of the US SCt cert grant in two related corporate human rights cases: Koibel v. Royal Dutch Petroleum (621 F.3d 111) & Mohamad v. Rajoub, 634 F.3d 604 (cert grant in both on 10/17/11). Thus, it's likely that I'll await the decision in the consolidated decision, rather than editing and loading the latest 9th Cir. Rio Tinto case to my course web page. While these are both A.T.S. cases, if the SCt assesses modern IL in US courts (i.e., 112 years after P.H.), as the 9th did in Rio Tinto last week, I'm likely to edit & upload the resulting 2012 (one hopes) US SCt case---which, if nothing else, should be a good substitute for Sosa ---which I believe a number of us use for corp HRts liability).

Regards,
Bill



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