Presentation on the case of Presbyterian Church of Sudan v Talisman Energy Inc. On the use of private law to enforce human rights law using the US Alien Tort Statute.

1. Sudan
Presbyterian Church of Sudan v. Talisman Energy,
Inc., 582 F.3d 244, 251 (2nd
cir 2009)

2. Legal Terminology
●
Public / private law
● Actus reus / mens rea
● Amicus Curiae
●
Tort

3. International Human Rights Law
●
Public International Law
– Treaties between states
– International customary law
●
Promote and protect Human Rights
●
Duty on states to uphold these rights
– Domestic law compatible with international
legislation

4. Sudan
●
Civil war since
independence in
1956
●
Oil discovered in
1979
● Formed the Greater
Nile Petroleum
Operating Company in
1996

5. Alien Tort Statute
●
“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.”
- 28 U.S. Code § 135
●
For a tort only
●
In violation of the law
of nations

6. Allegations
●
Talisman were complicit in human rights
abuses carried out by Sudanese forces
– Roads linking to military bases
– Allowing military garrisons in concession areas
– Upgrades to airstrips
– Creation of 'buffer zones'
– Oil revenues lead to increased military spending

7. Presbyterian Church of Sudan v.
Talisman Energy, Inc.
●
Can a corporation be
liable for aiding and
abetting?
– Sosa vs Alvarez-
Machain
– Khulumani vs Barclay
National Bank
– Nuremberg Trials
●
Can liability be
imposed “absent a
showing of purpose”?
– Mens rea
●
Purpose
●
Knowledge

8. Presbyterian Church of Sudan v.
Talisman Energy, Inc.
●
Domestic norms v
International norms
– Follow international
customary law
●
But:
– Nuremberg
– ICTY/ICTR
– ICC/Rome Statutes
●
"not enough for
plaintiffs to establish
Talisman's complicity
in depopulating
areas .. . plaintiffs
must establish that
Talisman acted with
the purpose [of
assisting] the
Government's
violations of customary
international law."

9. Criticised decision
“as long as I.G. Farben intended only to
make money, not to exterminate Jews, [the
Talisman standard] would make it
permissible for such a company to keep
supplying a government with massive
quantities of Zyklon B. poison gas knowing
precisely what it is used for”
- John Ruggie

10. Consequences
●
Talisman pulled out of
Sudan in 2003
●
Started CSR dept
●
Court agreed to hear
case
– Kiobel v. Royal Dutch
Petroleum
– Torture Victim
Protection Act