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South African Apartheid Litigation, Re, Ntzebesa and ors v Daimler Chrysler Corporation and ors, District Court judgment denying reconsideration, 617 FSupp 2d 228 (SDNY 2009), ILDC 1472 (US 2009), 8th April 2009, District Court for the Southern District of New York [S.D.N.Y.]



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Whether non-state actors could be held liable under the Alien Tort Statute for torts committed outside the United States in violation of customary international law and whether non-state actors could be held liable for apartheid under customary international law.

Whether arbitrary denationalization by a state actor was a tort in violation of customary international law.

Whether corporations could be held liable for aiding and abetting violations of customary international law, for violations committed by alter-egos or agencies, or under the theory of conspiratorial liability.

Whether the question of liability in United States courts for United States and foreign corporations operating in apartheid-era South Africa would be a non-justiciable political question.

Whether the litigation conflicted with the South African Truth and Reconciliation Commission process in violation of the doctrine of international comity.

Keywords: Aiding and abetting; Apartheid; Corporations, multinational; Customary international law; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; International crimes; Jurisdiction of states, extra-territorial; Racial discrimination; Remedies, private—for violation of international law; Tort; Torture

Legal Material.  35782 words. 

Subjects: Immunities ; Relationship Between International and Domestic Law ; Public International Law ; International Law ; Law

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