Human Rights Compliance and Accountability for U.S. Multinational Enterprises: A Principled Step Forward after Sosa and Kiobel
Paul L. Regan
Widener University School of Law
March 7, 2012
Widener Law School Legal Studies Research Paper No. 12-11
This article proposes a Congressional statutory solution to resolve when a multinational corporation can be liable under the Alien Tort Statute on a claim for human rights abuses arising from a corporation’s overseas business operations. Under this proposal a U.S. multinational would be directly liable for human rights violations of its overseas subsidiary where it (1) failed to ensure that its overseas subsidiary had in place a reasonably effective and functioning human rights compliance system or (2) acquired knowledge of ongoing human rights violations by its overseas subsidiary and failed to take meaningful corrective measures in a timely way.
Number of Pages in PDF File: 155
Keywords: corporations, multinational enterprises, human rights, international law, Alien Tort Statute, corporation law, corporate law
JEL Classification: K22, K33Accepted Paper Series
Date posted: March 7, 2012 ; Last revised: March 20, 2012
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