U.S. Corporate Liability Under the Alien Tort Statute After Jesner v. Arab Bank, PLC
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Date
2020-07-01
Authors
Song, Doori C.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Global corporations breathed a sigh of relief when the United States Supreme Court held in Jesner v. Arab Bank, PLC, that foreign corporations could not be defendants in suits brought under the Alien Tort Statute (ATS). The Jesner Court’s decision, however, did not determine whether domestic corporations may be namable defendants in ATS cases. Whether victims of human rights violations can initiate ATS suits against U.S. corporations is now a question of much debate. This Article argues that U.S. corporations should be namable defendants in ATS lawsuits because such litigation (1) is consistent with the text, purpose, and history of the ATS; (2) involves enough of a domestic nexus to overcome the presumption against extraterritoriality; (3) would not substantially endanger U.S. foreign relations; and (4) would be consistent with several circuit court decisions that recognize U.S. corporations as ATS defendants under the theory of civil aiding and abetting.
Description
38 pages
Keywords
Business law, Litigation, Torts, Human rights
Citation
21 Or. Rev. Int'l L. 1