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Full-Text Articles in Law
Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio
Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio
Law Faculty Articles and Essays
This paper addresses complex legal issues in light of and in the context of Jesner v. Arab Bank, a case involving the scope of corporate liability for human rights abuses under the Alien Tort Claims Act (ATCA). Part I provides a brief overview of the Jesner case. Part II outlines the case Kiobel v. Royal Dutch Petroleum Co. and its holding. Part III discusses Kiobel's shortcomings, including the vagueness of its "touch and concern" test and its failure to specify which law—international or domestic—applies to the issue of corporate liability under the ATCA. Part IV then proposes other …
License To Kill? Corporate Liability Under The Alien Tort Claims Act?, Kevin Golden
License To Kill? Corporate Liability Under The Alien Tort Claims Act?, Kevin Golden
In the Balance
Because Kiobel removed corporate defendants from the scope of civil liability under the ATS, and because a corporation is not a person who can be charged, convicted and imprisoned for a crime, it effectively placed large multinational corporations above the law. Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111, 145 (2d Cir. 2010). In Part II of this article, I will provide a necessary overview of the history of the ATS and its evolution into modern-day relevance. I will discuss the state of ATS law as it pertains to corporations in Part III. Lastly, I will discuss the Kiobel …