I have published my first impression of the USSC Kiobel case here. At issue is the extraterritorial application of the US Alien Torts Act, in a case pitching Nigerian individuals against a number of MNCs, for alleged violation of human rights law. As I note in my assessment, the EU are pondering a different route to further the debate on Corporate Social Responsibility: namely the use of classic private international law /conflict of laws procedures (the Brussels I and Rome II Regulation) to bring non-EU activities of EU-based MNCs within EU purview.
The EU’s approach is not without its faults or challenges. However it is certain to come back to the fore following the USSC’s strict views in Kiobel.