Corporate Liability Under the U.S. Alien Tort Statute: A Comment on Jesner v. Arab Bank

8 Pages Posted: 26 Oct 2018

See all articles by William S. Dodge

William S. Dodge

University of California, Davis - School of Law

Date Written: August 18, 2018

Abstract

This comment examines the implications of Jesner v. Arab Bank for corporate liability under the Alien Tort Statute (ATS). Part II looks at corporate liability under customary international law, which was discussed extensively in Justice Kennedy’s plurality opinion and in Justice Sotomayor’s dissent. Part III then discusses Jesner’s limitation of the ATS cause of action to exclude suits against foreign corporations. Part IV turns to Jesner’s implications for suits against US corporations, concluding that such suits face substantial barriers even if they are still technically permitted.

Keywords: Alien Tort Statute, ATS, corporate liability, customary international law, Jesner

Suggested Citation

Dodge, William S., Corporate Liability Under the U.S. Alien Tort Statute: A Comment on Jesner v. Arab Bank (August 18, 2018). Available at SSRN: https://ssrn.com/abstract=3260074 or http://dx.doi.org/10.2139/ssrn.3260074

William S. Dodge (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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