Dapolito '12 Analyzes Human Rights in ISLA Quarterly
October 28, 2011
Vermont Law School student Mollie Dapolito '12 wrote two articles recently in ILSA (International Law Student Association) Quarterly about human rights.
The first article, titled "Flomo v. Firestone: U.S. Federal Court Holds Corporations Can Be Liable Under ATS," examines the U.S. Court of Appeals for the 7th Circuit's ruling in Flomo v. Firestone, which alleges forced child labor on rubber plantations in Liberia. The court found that corporations can be held liable and sued for human rights violations under the Alien Tort Statute. "An artfully written opinion by the Honorable Richard Posner rejected the 2nd Circuit's reasoning in Kiobel v. Royal Dutch Petroleum, which held that corporations could not be liable under the ATS. This left the Kiobel decision as the lone outlier, setting this case up for potential U.S. Supreme Court review," Dapolito wrote. The Supreme Court has since granted cert for this issue.
The second article, titled "The Extraordinary Chambers in the Courts of Cambodia Prepares for its Second Trial - Case 002," analyzes the ECCC tribunal's proceedings for its second trial of the four senior-most living members of the former Khmer Rouge regime for grave violations of the Geneva Convention, crimes against humanity, genocide, homicide, torture and religious persecution. "All four members on trial in Case 002 have cast blame elsewhere and have expressed no remorse or guilt for wrongdoing," Dapolito wrote. "This trial for Case 002 begins in the face of many criticisms of the ECCC tribunal, including that it has been a failure due to perpetual funding problems, interference from the Cambodian government, and a general lack of support from the international community."
ILSA Quarterly is an academic magazine with articles by students, scholars and practitioners about timely issues of international law and related topics, ILSA projects, study abroad programs, LL.M. programs and career opportunities in the field of international law.
Read the articles, which are on pages 6-7 and 11-12, respectively.