Transnational Corporate Responsibility in Domestic Courts: Still Out of Reach?
7 Pages Posted: 9 Jan 2019
Date Written: December 10, 2018
Abstract
Despite some modest progress, corporate responsibility for human rights abuses in domestic courts remains elusive. In U.S. federal courts, Alien Tort Statute (ATS) litigation is now more precarious than ever before. While there have been some potentially important developments in English courts, judges are reluctant to extend responsibility to parent corporations for harm caused by the operations of foreign subsidiaries. Although U.S. and English courts have been concerned with distinct doctrinal issues, the overall picture appears to be one of deference to the corporation and its anatomized form, and to the goal of promoting investment abroad.
Keywords: International Law, Corporate Responsibility, US Courts, English Courts, Duty of Care, Alien Tort Statute
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