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The Curious Case Of Corporate Liability Under The Alien Tort Statute: A Flawed System Of Judicial Lawmaking, Julian Ku

Julian Ku

There is a widespread consensus in the United States that private corporations owe duties under customary international law and can be subject to lawsuits under the Alien Tort Statute. The consensus is so broad that there is not a single court decision in the United States, and barely any legal scholarship, that dissents from this view. Despite this wide support, the consensus in favor of corporate liability for violations of customary international law is wrong. A survey of international legal sources would find embarrassingly little evidence of an international consensus (or even of international support) in favor of imposing liability …