Transnational Corporate Responsibility in Domestic Courts: Still Out of Reach?

7 Pages Posted: 9 Jan 2019

See all articles by Andrew Sanger

Andrew Sanger

University of Cambridge - Faculty of Law

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

Suggested Citation

Sanger, Andrew, Transnational Corporate Responsibility in Domestic Courts: Still Out of Reach? (December 10, 2018). University of Cambridge Faculty of Law Research Paper No. 4/2019, Available at SSRN: https://ssrn.com/abstract=3311654 or http://dx.doi.org/10.2139/ssrn.3311654

Andrew Sanger (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://www.law.cam.ac.uk/people/academic/sanger/123

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