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Petition to USSC re 2C decision on the Tort of Doing Business in South Africa

The Legal Times' Tony Mauro reports on the latest development following the shocking October 2007 decision by the 2nd Circuit court of appeals to allow a suit to proceed against hundreds of corporations, under the Alien Tort Claims Act, for their participation in the South African economy under the apartheid regime.

The defendants have petitioned for cert to the U.S. Supreme Court. The petition in American Isuzu Motors Inc. et al. v. Ntsebeza et al., argues that the lawsuit should not be allowed in light of strong objections by both the United States and the elected government of South Africa. South Africa sees the suit as a "completely unacceptable" infringement of its sovereignty and an interference with its reconciliation policies, and the U.S. says the suit has already undermined its foreign policy.

Saudi Arabia's barbaric laws mistreat women and viciously oppress non-Muslims. China enslaves millions, harvests organs from thousands it executes, and is still in denial over Tiananmen Square. Warning to all US companies doing business in those places -- did you know you might be committing an American tort? Talk about a tariff barrier to exports!

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.