47 N.Y.U. Journal of International Law and Politics (2014), 86 pages.
In this Article, I point to the advantages of processing Alien Tort Statute (ATS) cases against corporations through the lens of corporate criminal liability for international crimes, showing how this provides doctrinal and conceptual responses to criticisms of the ATS. The article was cited by the Appeals Chamber of the Special Tribunal for Lebanon in its controversial decision to try a corporation for contempt.
For criticisms and responses to this article on Opinio Juris, see:
- Professor Samuel Moyn (Harvard), and My Response to Moyn;
- Professor Steven Ratner (Michigan), and My Response to Ratner;
- Professor Beth Stephens (Rutgers), and My Response to Stephens.
For the reaction of members of prominent civil society organizations to the Article, see:
- Simon Taylor, Global Witness, Corporate Criminal Responsibility for International Crimes? Yes Please
- Arvind Ganesan, Human Rights Watch, One of the Missing Pieces in the Accountability Puzzle
- Holly Dranginis, Enough Project Accountability for Economic War Crimes
- Mark Taylor, Fafo Institute, Uncharted Territory
- Ruben Carranza, International Center for Transitional Justice, Transitional Justice, Corporate Responsibility and Learning from the Global South
- Wolfgang Kaleck and Miriam Saage-Maasz, European Centre for Constitutional and Human Rights, The Expressive Value of Corporate Prosecutions