Regulating Multi-National Corporations Through State-Based Laws : Problems with Enforcing Human Rights Under The Alien Tort Statute

Harpur, Paul (2006) Regulating Multi-National Corporations Through State-Based Laws : Problems with Enforcing Human Rights Under The Alien Tort Statute. Australian International Law Journal, 13, pp. 233-246.

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Abstract

Under the Alien Tort Statute United States of America (“America”) Federal Courts have the jurisdiction to hear claims for civil wrongs, committed against non-American citizens, which were perpetrated outside America’s national borders. The operation of this law has confronted American Federal Courts with difficulties on how to manage conflicts between American executive foreign policy and judicial interpretations of international law. Courts began to pass judgment over conduct which was approved by foreign governments. Then in 2005 the American Supreme Court wound back the scope of the Alien Tort Statute. This article will review the problems with the expansion of the Alien Tort Statute and the reasons for its subsequent narrowing.

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ID Code: 26942
Item Type: Journal Article
Refereed: No
ISSN: 1325-5029
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Deposited On: 25 Aug 2009 06:49
Last Modified: 25 Aug 2009 06:49

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