How PIB Will Impact US Alien Tort Claims Act

[Shola Sholaz]

In the past two decades, plaintiffs' lawyers have used the Alien Tort Claims Act (ATCA), to file lawsuits against multinational oil and gas corporations among other, alleging serious human rights abuses including environmental degradation. The ATCA Passed as part of the Judiciary Act of 1789, is a jurisdictional statute that creates no causes of action.
.
It grants the United States, US Federal Courts the right to accept private claims for a reasonable number of international law violations under Federal Common Law. The statute provides that "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."
.
It is axiomatic that the human rights regime – as it relates to corporate responsibilities in Nigeria is somewhat rudimentary.