Human Rights Compliance and Accountability for U.S. Multinational Enterprises: A Principled Step Forward after Sosa and Kiobel

155 Pages Posted: 7 Mar 2012 Last revised: 20 Mar 2012

Paul L. Regan

Widener University School of Law

Date Written: March 7, 2012

Abstract

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.

Keywords: corporations, multinational enterprises, human rights, international law, Alien Tort Statute, corporation law, corporate law

JEL Classification: K22, K33

Suggested Citation

Regan, Paul L., Human Rights Compliance and Accountability for U.S. Multinational Enterprises: A Principled Step Forward after Sosa and Kiobel (March 7, 2012). Widener Law School Legal Studies Research Paper No. 12-11. Available at SSRN: https://ssrn.com/abstract=2017997

Paul L. Regan (Contact Author)

Widener University School of Law ( email )

4601 Concord Pike
Wilmington, DE 19803
United States
302-477-2171 (Phone)

Paper statistics

Downloads
131
Rank
179,179
Abstract Views
740