Essay: The Case for an International Court of Civil Justice
10 Pages Posted: 6 Nov 2014 Last revised: 4 Apr 2019
Date Written: November 10, 2014
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: Suggested Citation