IDEAS home Printed from https://ideas.repec.org/a/oup/jieclw/v7y2004i2p263-274.html
   My bibliography  Save this article

Separating Myth From Reality About Corporate Responsibility Litigation

Author

Listed:
  • Harold Koh

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.

Suggested Citation

  • Harold Koh, 2004. "Separating Myth From Reality About Corporate Responsibility Litigation," Journal of International Economic Law, Oxford University Press, vol. 7(2), pages 263-274, June.
    • Handle: RePEc:oup:jieclw:v:7:y:2004:i:2:p:263-274
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Alan O. Sykes, 2008. "Transnational Forum Shopping as a Trade and Investment Issue," The Journal of Legal Studies, University of Chicago Press, vol. 37(2), pages 339-378, June.
    2. Peer Zumbansen, 2005. "Beyond Territoriality: The Case of Transnational Human Rights Litigation," The Constitutionalism Web-Papers p0020, University of Hamburg, Faculty for Economics and Social Sciences, Department of Social Sciences, Institute of Political Science.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:7:y:2004:i:2:p:263-274. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/jiel .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.