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Lack Of Personal Jurisdiction

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Chapter Summary

This chapter analyzes the defense of lack of personal jurisdiction over the transnational corporations (TNC) defendants in Alien Tort Statute (ATS) proceedings against TNCs. It presents the Unocal case wherein the oil and gas parent company Total S.A., incorporated in France, which directs the Total Group, was a defendant. The Unocal case involved the alleged use of forced labor in the construction of a natural gas pipeline in Myanmar. The chapter analyzes the Wiwa case, wherein the Royal Dutch Petroleum Co., incorporated in the Netherlands, and the British Shell Transport and Trading Company, P.L.C.("Shell Transport"), incorporated in Great Britain, which, together, head a global group of energy and petrochemical companies, were defendants. The Wiwa case involves alleged human rights violations in connection with oil exploration in the Nigerian oil delta.

Keywords: personal jurisdiction; transnational corporation (TNC); Unocal case; Wiwa case



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