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Full-Text Articles in Rule of Law
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Seattle University Law Review
The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …
Global Government Networks, Global Information Agencies, And Disaggregated Democracy, Anne-Marie Slaughter
Global Government Networks, Global Information Agencies, And Disaggregated Democracy, Anne-Marie Slaughter
Michigan Journal of International Law
This essay seeks to broaden our understanding of government networks by placing them in more historical context and by elaborating different types of government networks within and without traditional international institutions. After a brief overview of the literature on transgovernmentalism since the 1970s in Part I, Part H sets forth a typology of three different categories of government networks. Part III then seeks to pinpoint the specific accountability concerns associated with each type. Part IV offers one approach to answering some current accountability concerns by adapting the concept of "information agencies" from the European Union to the global level. This …
The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane
The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane
Michigan Journal of International Law
This paper proceeds as follows. In Part I, the author discuss a pluralistic theory of accountability. He begins by defining accountability in a standard fashion, emphasizing two conditions: the availability of information to accountability-holders, and their ability to sanction power-wielders. The author then proceeds to discuss a pluralistic conception of accountability systems. Part II then develops a typology of eight accountability mechanisms, all of which are found in democratic societies, but not all of which are democratic per se. Part III builds on the Jacobson-Ku discussion of the current practices, relative to accountability, of the Security Council and asks …