Sunday, March 4, 2012

NYT Editorial about Kiobel and the notion of corporate liability under the Alien Tort Statute

 Today's New York Times Sunday Review includes an editorial on the issue of whether courts should recognize a cause of action against corporations under the Alien Tort Statute.  In part it states:
In a world where multinational corporations are primary actors, the need for a way to hold them accountable for extreme abuses is more urgent than ever. . . .
. . . .
There is no good justification for a categorical rule against corporate liability. As the economist Joseph Stiglitz said in an amicus brief, these lawsuits can be an efficient way to enforce human rights in countries where court systems and other means of policing violations are ineffective. Potential civil liability gives corporations an incentive to improve their conduct. If a multinational company commits an offense like torture, the fact that it is a corporation and not an individual is immaterial in the pursuit of justice.
You can read the full text here.

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