Corporate Liability

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The cocoa bean packing warehouse sits empty in the Sampaka Farm on August 08, 2018 in Malabo, Equatorial Guinea. The warehouse is dark with only two skylights and a ladder with wheels stands toward the center of the room.

Nestlé & Cargill v. Doe Series: Rethinking the Alien Tort Statute

Tuesday's Supreme Court argument tackled thorny questions of extraterritoriality, customary international law, and corporate liability. But were any of these questions necessary?…
A child displays a part of the missile that hit a bus carrying tens of children leaving dozens dead earlier this week, on August 12, 2018 in Saada, Yemen.

Nestlé & Cargill v. Doe Series: Toward a Harmonized Test for Complicity of Corporate Officials?

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
A close-up of a roasted cocoa bean held by the tips of a worker’s fingers removing the husk. Moments Chocolate workplace on June 18, 2019 in Accra, Ghana

Nestlé & Cargill v. Doe Series: No Safe Harbor for Enablers of Child Slavery – Secondary Liability and the ATS

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Children workers who come from Burkina Faso carry sacks of cocoa to a truck June 28, 2001 in Petit Tieme, Ivory Coast.

Nestlé & Cargill v. Doe Series: The Prohibitions on Slavery, Forced Labor, and Human Trafficking Meet the Sosa Test

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Ruth Amoah and her workers at Moments Chocolate workplace remove husks from roasted cocoa beans on June 18, 2019, in Accra.

Nestlé & Cargill v. Doe Series: American Courts Do Not Have Universal Jurisdiction Over All Wrongs Everywhere

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Four people fill bags with cacao beans at a cocoa exporter's in Abidjan, on July 3, 2019. Numerous sacks of beans stand upright around them, and a truck sits in the background.

Nestlé & Cargill v. Doe Series: History and Foreign Policy Support Corporate Liability Under ATS

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
1787 world map

The Alien Tort Statute and the Law of Nations: New Historical Evidence of Founding-Era Understandings

In extraordinary original research, David Golove has uncovered contemporary evidence on the original intent of the Alien Tort Statute — evidence which strongly supports its extraterritorial…
People sort cocoa beans at a cocoa exporter's in Abidjan, on July 3, 2019.

Nestlé & Cargill v. Doe Series: Corporate Liability, Child Slavery, and the Chocolate Industry – A Preview of the Case

The upcoming case of Nestlé/Cargill v. Doe presents novel and consequential questions about the Alien Tort Statute, including its extraterritorial reach, imposition of corporate…
People collect cocoa beans at a cocoa exporter's in Abidjan, on July 3, 2019.

Nestlé & Cargill v. Doe: Introduction to a Symposium

The Supreme Court will hear arguments on Dec. 1 in the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I. Brought against two major chocolate manufacturers…
The wreckage of the U.S. embassy in Dar es Salaam embassy in 1998.

The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts

On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue…
Bilboard of Fox News Cast

Lawsuit Against Fox News Over Coronavirus Coverage: Can It Succeed? Should It?

There are reasons to be wary of lawsuits as a tactic for controlling the information that media outlets disseminate, even if it is to punish Fox News.
A conveyer belt at Bisha Mine, Eritrea's first major international mine, 150 kilometres west of Asmara is pictured on July 17, 2013.

Supreme Court of Canada Recognizes Corporate Liability for Human Rights Violations

While it seems clear that international human rights norms apply to corporations just as they apply to natural persons. But it is up to each nation to decide whether and how to…
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