South Carolina Journal of International Law and Business Volume 9 Article 4 Issue 2 Spring 2013 Some Legal Considerations for E.U. Based MNEs Contemplating High-Risk Foreign Direct Investments in the Energy Sector After Kiobel v. Royal Dutch Petroleum and Chevron Corporation v. Naranjo Jeffrey A. Van Detta John Marshall Law School Follow this and additional works at: https://scholarcommons.sc.edu/scjilb Part of the International Law Commons Recommended Citation Van Detta, Jeffrey A. (2013) "Some Legal Considerations for E.U. Based MNEs Contemplating High-Risk Foreign Direct Investments in the Energy Sector After Kiobel v. Royal Dutch Petroleum and Chevron Corporation v. Naranjo," South Carolina Journal of International Law and Business: Vol. 9 : Iss. 2 , Article 4. Available at: https://scholarcommons.sc.edu/scjilb/vol9/iss2/4 This Article is brought to you by the Law Reviews and Journals at Scholar Commons. It has been accepted for inclusion in South Carolina Journal of International Law and Business by an authorized editor of Scholar Commons. For more information, please contact
[email protected]. SOME LEGAL CONSIDERATIONS FOR E.U.- BASED MNES CONTEMPLATING HIGH- RISK FOREIGN DIRECT INVESTMENTS IN THE ENERGY SECTOR AFTER KIOBEL V. ROYAL DUTCH PETROLEUM AND CHEVRON CORPORATION V. NARANJO Jeffrey A. Van Detta* INTRODUCTION In a two-year span, two major multinational enterprises (MNEs) in the energy-sector—Chevron and Royal Dutch Petroleum—have experienced the opposite ends of a similar problem: The impact of civil litigation risks on foreign direct investments.1 For Chevron, it was the denouement of a two-decade effort to defeat a corporate campaign that Ecuadorian residents of a polluted oil-exploration region waged against it since 1993 and its predecessor, Texaco, first in the U.S.