SEPARATING MYTH FROM REALITY ABOUT CORPORATE RESPONSIBILITY LITIGATION

Harold Koh

Journal of International Economic Law, 2004, vol. 7, issue 2, 263-274

Abstract: In recent months, commentators, corporations and the Bush Administration have joined forces to attack human rights and environmental litigation against corporate defendants under the Alien Tort Statute. This article argues that this attack rests on four myths: that United States courts cannot hold private corporations civilly liable for torts in violation of international law; that there is a flood of such cases that would impose liability on corporations simply for doing business in a difficult country; that statutory amendment or doctrinal reversal is necessary to stem this flood of litigation; and that domestic litigation is in any event a bad way to promote higher corporate standards. This article debunks each of the myths, explaining why in fact the sky is not falling, and why radical solutions are not needed to solve non-problems. Oxford University Press 2004; all rights reserved, Oxford University Press.

Date: 2004
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Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

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