On Monday, as anticipated, the Government filed an amicus brief in support of the petitioners in American Isuzu Motors v. Ntsebeza No. 07-919. The brief is here. In the brief, the Solicitor General argued that the Court should grant the petition on the petitioners second question presented only: ” Whether a private defendant may be sued under the ATS for aiding and abetting a violation of international law by a foreign government in its own territory.” Joining the Solicitor General on the brief were State Department Legal Adviser John B. Bellinger, III, Treasury Department Assistant General Counsel for International Affairs Russell Munk, and Commerce Department General Counsel John J. Sullivan. Appended to the brief were diplomatic communications from the Governments of Germany, South Africa, Switzerland, and the United Kingdom expressing concern with the Second Circuit’s decision in this case, particularly what they characterize as its extraterritorial effects, and requesting the U. S. Government’s intervention on behalf of the petitioners at the Supreme Court. Here’s an excerpt from the brief all but one citation omitted: The court of appeals 8217; decision allows an unprecedented and sprawling lawsuit to move forward and represents a dramatic expansion of U. S. law that is inconsistent with well-established presumptions that Congress does not intend to authorize civil aiding and abetting liability or extend U. S. law extraterritorially. The decision does so, moreover, in an area fraught with foreign relations perils, where 8220; judicial caution 8221; is especially appropriate before 8220; exercising innovative authority over substantive law. 8221; Sosa, 542 U. S. at 726. The consequence is to invite lawsuits challenging the conduct of foreign governments toward their own citizens in their own countries conduct as to which the foreign states are themselves immune from suit through the simple expedient of naming as defendants those private corporations that lawfully did business with the governments. Such lawsuits inevitably create tension between the United States and foreign nations, as the present litigation demonstrates. This Court should grant certiorari on the second question presented to review the court of appeals 8217; extension of the ATS to encompass claims of aiding and abetting a foreign state 8217; s violation of international law in its own territory. Although the court left open the possibility that the district court might yet dismiss the lawsuit based on 8220; case-specific prudential doctrines, 8221; it has categorically held that 8220; a plaintiff may plead a theory of aiding and abetting liability under the ATS. 8221; That holding invites similar lawsuits to be filed and will preclude their early dismissal, which, in turn, will undermine efforts to encourage foreign investment.

TOKYO (Thomson financially) - Japanese mentioned Monday clear profit truck manufacturer Isuzu engine Ltd. fell 33 per cent to the half fiscal first terminates Septembers of one year in former times, success by acceptance in the domestic truck sales and higher costs of its continual expansion strategy. The company gave to Ersthaelfte clear profit of 37,01 billion Yen against 55,41 billion Yen in the same period last year admits ‘ we expected demand in North America, in order to weaken, but drives not to this extent, ‘ Isuzu (other otc one: ISUZY.PK -

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People ) president Susumu Hosoi a conferece explained messages. It mentioned slow-acting demand in Japan and in Thailand was, mainly as expected ‘ subprime with loan problems continued to cool down emerging last summer, demand in North America. We need monitor carefully, whether also demand in the center would moisten and South America, in which we extended sales in particular said ‘ it. Operational profit fell 16,2 per cent to 48,32 billion Yen, like shrinking conversions into that relatively high side edge markets profitability of Japan and North America hurt Isuzus. Income rose 6 per cent to 874,48 billion Yen, as, exports the weaker Yen helped increase income. Domestic sales fell 29,8 per cent on trucks 37,982, while dispatch overseas 9,3 per cent to 183,502 units, owing to unexpectedly strong rose demand in the center and South America as well as in Africa and other emerging markets. Domestic sales of trucks continued sinking suitable slowing the demand down so that new carriers replace those, which do not meet the firmer emission guidelines, which are imposed in the Tokyo back 2003. As Isuzu, which was looked for, in order to strengthen its overseas presence, it spent 11,8 billion Yen on capital investment investment to the half first, up from 11,0 billion Yen the year before. Research and developping costs rose to 28,5 billion Yen of 27,7 billion Yen. Writing-off regulations rose to 11,2 billion Yen of 7,1 billion Yen and ate into the profit margin of the company. For the year until March 2008, the truck manufacturer clear profit expects billion Yen and operational profit of 100 billion Yen, in agreement with earlier guidance of 80. But it increased its incomes estimation to 1,75 quintillion Yen of 1,65 quintillion Yen. On new strengthening of the Yens against US dollar, Hosoi said, ‘ we not also over it are concerned, is the Yen itself strengthened toward to 100 Yen to the dollar.’ (1 US dollar = 110,32 Yen) yasuhiko.seki@thomson.com yumiko.nishitani@thomson.com yn/zr yun/zr