Negotiating the Terms of Corporate Human Rights Liability Under Federal Law

50 Pages Posted: 29 Jan 2016 Last revised: 18 Feb 2016

See all articles by R. George Wright

R. George Wright

Indiana University Robert H. McKinney School of Law

Date Written: January 22, 2016

Abstract

This Article addresses the question of federal tort liability of major corporations for serious human rights violations, particularly in the context of aiding and abetting such violations. The Article largely sets aside the familiar project of seeking right answers to perpetually unresolved doctrinal issues. Instead, the Article encourages an actual or hypothetical broad negotiating process among representatives of all interested parties. In the course of such negotiations, human rights advocates would be well-advised to seriously consider at least temporarily bargaining away their ideally preferred positions on corporate mens rea, punitive damages, standards of proof, admissibility of remedial measures, statutes of limitation, criminal liability, and other matters, if necessary to obtain broad corporate acquiescence in realistically enforceable corporate tort liability, particularly on an aiding and abetting theory, for at least the most serious underlying human rights violations.

Keywords: human rights, torts, jurisprudence, international law, mens rea, aiding and abetting, accessory liability, corporations

JEL Classification: K13, K33, K40

Suggested Citation

Wright, R. George, Negotiating the Terms of Corporate Human Rights Liability Under Federal Law (January 22, 2016). Indiana University Robert H. McKinney School of Law Research Paper No. 2016-5. Available at SSRN: https://ssrn.com/abstract=2723426 or http://dx.doi.org/10.2139/ssrn.2723426

R. George Wright (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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