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New Concern For Transnational Corporations: Potential Liability For Tortious Acts Committed By Foreign Partners
San Diego Law Review
This Comment addresses these broad issues in three parts. First, it discusses past initiatives by various governing bodies and private groups to handle the problem of TNCs investing in countries that commit grave human rights violations. 14 More specifically, the efforts discussed are those of the United Nations, the U.S. Congress and the President, state and city governments, and private groups. 5 Because of the U.S. government's desire to promote free trade, none of these efforts has proved effective in regulating investment activity overseas.
Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili
Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili
San Diego Law Review
This Article aims to make sense of this neglected area of ATS law. I contend that the salient issue in these deceased-victim cases is not whether the nonvictim plaintiffs have standing to sue but rather whether they have a viable cause of action in the first place. Standing and cause of action concepts have an uneasy relationship in law. Although the distinction between constitutional standing and cause of action inquiries is well established, the division is less clear where, as here, standing doctrine is used to define a plaintiff’s eligibility to bring suit. Indeed, reliance on standing terminology in this …