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of its oil and gas operations in Equator, which appeared before the New York Court ofAppeals. 242 The Court dismissed the case based on forum non conveniens, this despiteTexaco’s headquarters being in New York, and the Court found that a decision by theEcuadorian Court would be more appropriate. This decision was made despite a submissionby the US Department of State suggesting “the legal and judicial systems in Ecuador as‘politicized, inefficient, and sometimes corrupt’ with regard to human rights practices”. 243The application of the ATCA against MNCs like Unocal is no doubt inspirational tothe human rights community. However, in light of the obstacles a plaintiff may face,predictability and certainty in the application of the ATCA to MNCs is by no means aguarantee. Actions brought under the ATCA against MNCs for human rights violationsappears to be hinged on proving direct negligence of the parent company, instead ofestablishing its responsibility for the torts committed by its subsidiaries.2.6.4 Jurisdiction beyond the United StatesIn the absence of the ATCA, or some other domestic piece of legislation that closelyresembles it, violations of international human rights norms are more commonly dealtwith through conflict of laws rules. This branch of private international law requires courtsadjudicating on issues involving a foreign element, to first satisfy the condition that itpossesses jurisdiction over the parties and the subject matter of the action. Once a courthas satisfied itself of this, the next step is to ascertain the legal nature of the question whichrequires adjudication, also referred to as choice of law, in order to apply to the appropriateconflict of laws rule to it.2.6.4.1 Jurisdiction – choice of venueJudicial jurisdiction in the context of conflicts litigation is the power and authority ofa court to hear and determine an issue upon which its decision is sought in any caseinvolving a foreign element. Therefore, common law courts have adopted the approachwhere jurisdiction is found when the defendant either submits to the jurisdiction, or ispersonally served within the forum. The latter requires the court to successfully establish aconnection (e.g. “minimum contacts”) between the defendant and the forum state hearingthe action. A major consideration is whether the court is the convenient forum, wherebya court can refuse jurisdiction on the grounds of forum non conveniens where there exists amore appropriate jurisdiction to hear the case then the one chosen by the plaintiff.If a defending MNC in an action in tort for an international human rights violation raisesthe forum non conveniens argument, victims of human rights abuses pursuing the action viainternational rules of jurisdiction, instead of domestic tort laws such as the ATCA, willPrivate Sector Accountability in Combating the Commercial Sexual Exploitation of Children|59