Just Security has created a Jesner v. Arab Bank symposium index on its Deep Dives page. Jesner is pending before the U.S. Supreme Court and presents the question of whether corporations can be sued under the Alien Tort Statute. Our complete symposium is listed below. Stay tuned for follow-on coverage once the Supreme Court rules, likely this spring.
- Beth Van Schaack, Introducing Just Security’s Symposium on Jesner v Arab Bank (September 28, 2017): Introducing the Symposium.
- Bill Dodge, Corporate Liability for Human Rights Violations: A Preview of Jesner v. Arab Bank, PLC (September 29, 2017): Laying out the key issues in Jesner.
- Beth Van Schaack, Jesner: A Guide to the Blogosphere (September 30, 2017): Recapping prior coverage of the Jesner case in Just Security and elsewhere.
- Tara Van Ho, International Legal Personality of Corporations (October 2, 2017): Discussing how international investment law answers the legal question in Jesner and demonstrating that corporations have independent legal personality under international law.
- George Rutherglen, Jesner v. Arab Bank: Closing the Door to Human Rights in Federal Court? (October 5, 2017): Demonstrating that admiralty law long accepted corporate liability.
- David Scheffer, The Rome Treaty Has Nothing to do with Jesner v. Arab Bank (October 10, 2017): Discussing the circumstances behind (and the irrelevance of) the fact that the International Criminal Court cannot adjudicate corporate criminal liability.
- Beth Van Schaack & India Maxwell, Terrorist Financing Convention: A Backgrounder (October 11, 2017): Offering a history of the Terrorist Financing Convention and its provisions on corporate responsibility.
- Zachary Kaufman, Jesner v. Arab Bank: U.S. Foreign Policy and National Security Interests (October 11, 2017): Discussing the U.S. government’s submission in Jesner and suggesting alternative views of the foreign policy implications of allowing, or disallowing, corporate suits in U.S. courts.
- Bill Dodge, Oral Arguments in Jesner v. Arab Bank: Supreme Court May Favor Two Steps to Corporate Liability for Human Rights Violations (October 12, 2017): Analyzing potential two-step framework suggested by Jesner oral arguments.
- Ed Swaine, Oral Argument in Jesner v. Arab Bank: Gimme Two Steps? (October 13, 2017): Suggesting an alternative two-step test for resolving the question presented.
- Sean Murphy, Corporate Liability and Crimes against Humanity (October 24, 2017): Discussing effort at the International Law Commission to draft a treaty on crimes against humanity that will include a provision on corporate liability.
- Ralph Steinhardt, The Virtually Unanswerable Argument About General Principles (October 25, 2017): Arguing that Jesner should be resolved with reference to “general principles of law” addressed to corporate liability.
- Bill Dodge, The Original Meaning of the Alien Tort Statute (October 26, 2017): Refuting arguments promoted by Professors Anthony Bellia and Bradford Clark, that were invoked repeatedly by Justice Neil Gorsuch at oral argument about the original meaning of the ATS.
- Joe Schottenfeld, Paul Strauch and Beatrice Walton, Corporations Should be Held Liable for Violations of the Law of Nations (October 30, 2017): Canvassing a range of instances in which international law recognizes corporate liability.
- Beth Van Schaack, Jesner Oral Arguments, Justice-by-Justice (October 30, 2017): Organizing the Jesner oral arguments Justice-by-Justice.
- Michael D. Ramsey, A Better Solution in Jesner v. Arab Bank (November 3, 2017): Looking to history to argue that Jenser is not the sort of claim Congress had in mind in passing the ATS.
- Dieneke de Vos, Corporate Criminal Accountability for International Crimes (November 30, 2017): surveying a range of cases involving corporate criminal liability for human rights abuses.
- James G. Stewart & Franziska Oehm, Beyond Customary International Law: What Jesner Can Learn from Corporate Criminal Liability for International Crimes (December 13, 2017): Demonstrating links between civil liability under the Alien Tort Statute and criminal liability for corporate malfeasance in other legal systems around the world.
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