The Alien Tort Statute and Its Implications for Multinational Corporations
Author: Linda A. Willett
Publisher:
Published: 2003
Total Pages: 34
ISBN-13: 9781930742413
DOWNLOAD EBOOK →Author: Linda A. Willett
Publisher:
Published: 2003
Total Pages: 34
ISBN-13: 9781930742413
DOWNLOAD EBOOK →Author: Michael Koebele
Publisher: BRILL
Published: 2009-04-24
Total Pages: 428
ISBN-13: 9047427114
DOWNLOAD EBOOK →The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.
Author: Gary Clyde Hufbauer
Publisher:
Published: 2010
Total Pages:
ISBN-13:
DOWNLOAD EBOOK →The Alien Tort Statute of 1789 (ATS) remained virtually dormant until it was revived by the 1980 decision of the Second Circuit in Filartiga vs. Pena-Irala. Since Filartiga, plaintiffs, who are neither US citizens nor residents, have invoked the ATS for a widening range of claims alleging large damages from acts committed outside the United States. ATS suits are increasingly targeting the deep pockets of multinational corporations. In an upcoming case, Sosa vs. Alvarez-Machain, the US Supreme Court will have to address whether the ATS grants federal courts a flexible power to create new torts corresponding to evolving norms in the 'law of nations'. The authors contend that a broad interpretation of the ATS will make US federal courts agents of judicial imperialism, doing great damage to foreign relations, as well as international trade and investment.
Author: Gary Clyde Hufbauer
Publisher: Peterson Institute for International Economics
Published: 2003
Total Pages: 0
ISBN-13: 9780881323665
DOWNLOAD EBOOK →Within the next decade, 100,000 class action Chinese plaintiffs, organized by New York trial lawyers, could sue General Motors, Toyota, General Electric, Mitsubishi, and a host of other blue-chip corporations in a US federal court for abetting China's denial of political rights, for observing China's restrictions on trade unions, and for impairing the Chinese environment. These plaintiffs might claim actual damages of $6 billion and punitive damages of $20 billion. Similar blockbuster cases are already working their way through federal and state court systems. This nightmare scenario could become a reality because of a little-known, one-sentence law enacted in 1789--the Alien Tort Statute (ATS): "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." In this policy analysis, Gary Clyde Hufbauer and Nicholas K. Mitrokostas examine the chilling impact the ATS could have on trade and foreign direct investment. They trace its history from the original intent to recent court interpretations, including a look at class action suits over asbestos and apartheid. They provide an economic picture of the potential scope of ATS litigation, cite the possible collateral damage, and review the impact that ATS rulings could have on global relations. The authors recommend measures Congress should take to limit expansive court interpretations. The study is a must-read for policymakers, international lawyers, and students.
Author:
Publisher: American Bar Association
Published:
Total Pages: 500
ISBN-13: 9781616327163
DOWNLOAD EBOOK →Author: James B. Whisker
Publisher: Nova Science Publishers
Published: 2019
Total Pages: 0
ISBN-13: 9781536148893
DOWNLOAD EBOOK →The Alien Tort Claim Act, aka the Alien Tort Statute, was part of the Judiciary Act of 1789. Only in 1980 did the U.S. federal courts find any significant meaning in it. Initially, the ATCA applied to violations of basic rules of international law, such as piracy. It was applied at the beginning of 1980 to human rights violations. Its meaning was expanded to incorporate liability, but in 2013 the U.S. Supreme Court ended such lawsuits.
Author: Muzaffer Eroglu
Publisher: Edward Elgar Publishing
Published: 2008-01-01
Total Pages: 345
ISBN-13: 1848444982
DOWNLOAD EBOOK →This book conducts an interdisciplinary and comparative examination of tort liabilities of multinational enterprises (MNEs). It examines the social, economic, managerial and legal characteristics of MNEs and compares the findings of this examination to the current understanding of MNEs in the way that tort liability is applied to them. Existing laws and principles related to liability of MNEs are explored from a variety of jurisdictions with the aim of assessing whether these laws are adequate for the challenges that modern MNEs create. Muzaffer Eroglu also proposes solutions to the problems of tort liability of MNEs. Comparing the theory of control in existing laws and the theory of control in business management structure, Multinational Enterprises and Tort Liabilities will be of great interest to academics, researchers, students and practitioners. It will also appeal to NGOs particularly interested with the liabilities of MNEs for their human rights breaches.
Author: David Kinley
Publisher: Routledge
Published: 2017-05-15
Total Pages: 565
ISBN-13: 1351929623
DOWNLOAD EBOOK →The erstwhile unlikely coupling of human rights and corporations is now a typical feature of corporate/community relations. High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and on-going efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles the leading essays from this body of work. Together they frame the relationship between human rights and corporations by charting its history and salient features; tackle the conceptual perspectives of the relationship and detail the practice, problems and potential of the relationship.