Tài liệu Corporate Responsibility under the Alien Tort Statute pdf

[...]... to have the support and love of my family in writing this book I am honored to be the father of Aurel Miguel and the son of Armin and Margot Koebele Part I Introduction Introduction I The Alien Tort Statute (“ATS”)1 was first enacted as part of the Judiciary Act of 1789 The Judiciary Act was the first statute of the newly-founded United States of America and provided for the establishment of the judiciary... defendants the Libyan Arab Republic, the PLO, the National Association of Arab Americans, and the Palestine Congress of North America The district court dismissed the ATS claims against the PLO for lack of subject matter jurisdiction and for being barred by the statute of limitations Id at 550–51 The court further held that the pleadings in regard of the Palestine Information Office and the National... support of the French revolutionary cause) 10 Introduction Not surprisingly, since the start of the second wave of ATS litigation against TNCs, it has come under severe criticism from the business community However, even under an economic theory of law, the liability of TNCs under ATS is a desirable result Torts law, of which ATS forms part of, strives at the imposition of the financial burden on the natural... Dodge, The Historical Origins of the Alien Tort Statute: A Response to the ‘Originalists’ ”, 19 Hastings Int’l & Comp L Rev 221 (1996) 18 Chapter One the guidance given to lower courts by the majority of the Supreme Court in the case of Sosa v Alvarez-Machain.5 II Possible Standards to Determine Actionable Norms The uncertainty over the exact meaning of ATS is fuelled by two facts First, the lack... summary of the development of litigation under the ATS, see Daniel Diskin, The Historical and Modern Foundations for Aiding and Abetting Liability under the Alien Tort Statute , 47 Ariz L Rev 805, 815–18 (2005) Introduction 5 In the first wave of litigation, more than 100 cases were filed, mainly against former dictators and military officials who fled to the U.S after the respective governments in their... violation of the law of nations or a treaty of the United States.7 Thus, there are two alternatives under ATS: (a) a violation of the law of nations or (b) a violation of a treaty of the United States.8 Under the first alternative, three requirements must be met: (a) an alien, (b) a tort, (c) and a breach of 1 2 3 4 5 6 7 8 See generally Alexander Abel, Das Alien Tort Statute nach der Entscheidung des US Supreme... Paraguayan police officer, tortured the plaintiffs’ brother and son to death in order to stop public criticism of the Stroessner Regime by Joel Filártiga.14 On the merits, after the case was dismissed on first instance, the Court of Appeals for the Second Circuit declared that international law prohibits the use of torture and accordingly, the Filártigas’ claims were properly brought under ATS.15 It explained... drafter of the Judiciary Act establishing a judicial federal system in the United States, formulated ATS in its draft with the following words: “ [The district courts] shall also have cognizance, concurrent with the courts of the several States, or the circuit courts, as the case may be, of all causes where a foreigner sues for a tort only in violation of the law of nations or a treaty of the United... are doing business within its territory Accordingly, the parent company’s country of registration applies its law to the parent company and all other countries apply their respective laws to the subsidiaries incorporated in their respective jurisdictions Under the enterprise approach, however, the TNC is, in accordance with economic realities beyond corporate law fragmentation, treated as one single... the nations of the world have demonstrated that the wrong is mutual, and not merely of several concern, by means of express international accords, that a wrong generally recognized becomes an international law violation within the meaning of the statute. 14 Writing for the court, Judge Kaufman further stressed the need for “universal renunciation in the modern usage and practice of nations”15 that the . alt="" Corporate Responsibility under the Alien Tort Statute Developments in International Law VOLUME 61 Corporate Responsibility under the Alien Tort Statute Enforcement. Cataloging-in-Publication Data Koebele, Michael. Corporate responsibility under the Alien Tort Statute : enforcement of international law through US torts law / by Michael Koebele.