By Michael Koebele
Read or Download Corporate Responsibility under the Alien Tort Statute : Enforcement of International Law through US Torts Law (Developments in International Law, Volume 61) PDF
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Extra resources for Corporate Responsibility under the Alien Tort Statute : Enforcement of International Law through US Torts Law (Developments in International Law, Volume 61)
At 184 (“binding at all times upon all actors”); National Coalition Government of the Union of Burma v. D. D. Cal. 1997). This interpretation would not bar ATS litigation against TNCs totally. However, it would definitely restrict it substantially. 18 Hastings Int’l & Comp. L. Rev. 445 (1991). Professor Sweeney himself admits the provocative nature of his reading and explains that he would not have pursued such a stony course at an earlier stage of his academic career. 24 Chapter One on the restriction on “all suits brought .
See Casto, supra note 1, at 467–68. 3d. 844, 847 (11th Cir. 1996). 886 F. Supp. 162, 180 (D. Mass. 1995). 12 Yet, while this stance may be promising at first sight, a second look gives rise to doubts. S. S. S. and its counterparts? The answer to this question shows that a literal reading of the wording of ATS runs afoul. , 1992). ” Restatement, § 102(2). According to the comments, the objective element – state practice – embraces “diplomatic acts and instructions as well as public measures and other governmental acts and official statements of policy, whether they are unilateral or undertaken in cooperation with other states, for example, in organizations such as the Organization for Economic Cooperation and Development”.
At 482. Id. Id. Id. Id. Id. at 476. Id. 26 Chapter One without a substantial disregard of the other parts of the wording of ATS. One has to read “tort” as a “tort under the law of prize” to agree with his final interpretation. Under this view, mesmerizing as his understanding is, the text of ATS is distorted by overemphasizing the word “only” and underestimating the remaining wording of ATS. A more realistic explanation for the inclusion of the word “only” in ATS can be seen in the light of the still tense relations between the United States and Great Britain in the post-revolutionary war period.