Essay: The Case for an International Court of Civil Justice

10 Pages Posted: 6 Nov 2014 Last revised: 4 Apr 2019

See all articles by Maya Steinitz

Maya Steinitz

University of Iowa - College of Law; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: November 10, 2014

Abstract

This Essay aims to start a conversation on a novel institutional solution to the problem that de facto (not de jure) there is today no forum in which foreign plaintiffs can obtain enforceable judgments against American corporations that commit mass torts overseas. That solution is the establishment of an International Court of Civil Justice (ICCJ).

The Essay starts by describing what the author refers to as “the problem of the missing forum” – the global absence of an effective court for cross-border mass torts. It then provides a blueprint for an ICCJ. In so doing, it explains why an ICCJ is politically viable and may, specifically, appeal to rather than repel corporate America.

Keywords: forum non conveniens, foreign judgment enforcement, Kiobel, mass torts, corporate social responsibility, transnational litigation, B.P., Chevron, FDI, Foreign direct investment, human rights, environmental litigation, ATS, ATCA

Suggested Citation

Steinitz, Maya, Essay: The Case for an International Court of Civil Justice (November 10, 2014). 67 STAN. L. REV. ONLINE 75 , U Iowa Legal Studies Research Paper No. 14-33, Available at SSRN: https://ssrn.com/abstract=2519736

Maya Steinitz (Contact Author)

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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