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Application To Tncs

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Chapter Summary

This chapter explores the issue of applying Alien Tort Statute (ATS) to transnational corporations (TNCs). In the ATS case Presbyterian Church of Sudan v. Talisman Energy, Inc., Sudanese plaintiff s alleged gross and systematic human rights violations, including genocide, committed upon the local population to clear the territory around oil exploitation operations in southern Sudan. The TNC defendant, Talisman Energy, Inc., is the largest independent Canadian energy company. The post-Sosa decision of the District Court for the Eastern District of New York in In re "Agent Orange" Product Liability Litigation involving the action of Vietnamese nationals against U.S. manufacturers of the herbicides used by the U.S. army during the Vietnam War for harm allegedly caused by such use, is only the second case after Presbyterian Church of Sudan where the issue was raised. Finally, the chapter analyzes the possible guidance given by the Supreme Court in Sosa v. Alvarez-Machain.

Keywords: agent Orange; Presbyterian church; Sosa; transnational corporations (TNCs)



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