Bilateral Trade Agreements

• Read Kiobel v. Royal Dutch Petroleum Co.

• Consider the distinctions between that case and similar domestic cases.

WITH THESE THOUGHTS IN MIND:

Provide abrief description of Kiobel v. Royal Dutch Petroleum Co., summarizing the international law issue in the case. Be sure to include the citation to the case identifying the court and the date the decision was issued. Provide a reasoned assessment of how this case is distinct from domestic cases that we have already examined in previous week’s Learning Resources.

Include in your assessment:

• Whether the court used a distinct type of analysis
• Whether or not the court deferred to other branches of the government in making its decision
• An explanation of whether the court considers its ruling to have a distinct impact on this policy as compared to domestic cases

Support your response using the Learning Resources.

Articles

Delahunty, R., & Yoo, J. (2003). Against foreign law. Harvard Journal of Law & Public Policy, 29, 291–330.

Cohen, H. (2006). Supremacy and diplomacy: The international law of the U.S. Supreme Court. Berkeley Journal of International Law, 24(1), 273–329.

Fandl, K. J. (2007). U.S. trade policy and multilateralism—The challenge of bilateral trade agreements.

United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936).

Medellin v. Texas, 552 U.S. 491 (2008).