Law Commons^™

The Liberalizing Effects Of Tort: How Corporate Complicity Liability Under The Alien Tort Statute Advances Constructive Engagement , Richard Herz

Richard Herz

Does allowing U.S. corporations to evade liability for abetting human rights abuses such as genocide or torture ultimately promote democratic reform in countries with repressive regimes? In suits recently filed under the Alien Tort Statute (ATS), the Bush Administration has claimed that it does. It has filed briefs opposing liability, asserting that liability would limit the U.S. government’s ability to adopt a “constructive engagement” policy of using U.S. private sector investment to promote democracy and human rights. This Article challenges the Administration’s position.

The Administration’s argument has inserted the long-running policy debate regarding the efficacy of “constructive engagement” into the …