Separating Myth from Reality About Corporate Responsibility Litigation

Posted: 29 Feb 2008

Date Written: June 2004

Abstract

In recent months, commentators, corporations and the Bush Administration have joined forces to attack human rights and environmental litigation against corporate defendants under the Alien Tort Statute. This article argues that this attack rests on four myths: that United States courts cannot hold private corporations civilly liable for torts in violation of international law; that there is a flood of such cases that would impose liability on corporations simply for doing business in a difficult country; that statutory amendment or doctrinal reversal is necessary to stem this flood of litigation; and that domestic litigation is in any event a bad way to promote higher corporate standards. This article debunks each of the myths, explaining why in fact the sky is not falling, and why radical solutions are not needed to solve non-problems.

Suggested Citation

Koh, Harold Hongju, Separating Myth from Reality About Corporate Responsibility Litigation (June 2004). Journal of International Economic Law, Vol. 7, Issue 2, pp. 263-274, 2004, Available at SSRN: https://ssrn.com/abstract=1093103

Harold Hongju Koh (Contact Author)

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
2034321660 (Phone)

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