CORPORATE LIABILITY AND HUMAN RIGHTS ABUSES ABROAD

Abstract

This legal note analyzes the legal issues raised when suing corporations in the United States federal courts under the Alien Tort Statute (ATS). Part I discusses the elements needed to bring a claim under ATS and the history behind the statute. Part II describes the U.S. Supreme Court’s 2013 decision in Kiobel and what it represents. This section also covers why holding corporations accountable is important, focusing on globalization, the corporation’s power, and their role; and discusses the importance of seeking remedies for human rights victims. Part III examines whether ATS is still viable for suing corporations for human rights abuses after Kiobel and the possible alternatives available for holding corporations accountable including: regional human rights courts, naming and shaming, or suing in domestic courts where the violations occur.