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International Documents on Corporate Responsibility

Edited by Stephen Tully

International Documents on Corporate Responsibility includes the principal international, regional and national instruments drafted by intergovernmental organisations or states as well as codes of conduct formulated by industry associations, trade unions and non-governmental organisations. The coverage includes the fields of human rights, international criminal and environmental law, labour standards, international trade, armed conflict, sustainable development, corruption, consumer protection and corporate governance. Each document is accompanied by a brief explanatory commentary outlining the historical origins of the instrument, the principal actors involved, controversial negotiation issues, applicable implementation procedure, and identifies further reference material.
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Chapter 9: USA: Alien Tort Claims Act, 1789


Commentary: Initial cases under the ATCA (28 USC s1350 (1994)) established the civil liability of individuals, principally former or serving government officials: Filartiga v Pena-Irala 630 F.2d 876 (2d Cir 1980); In re Estate of Ferdinand E. Marcos Human Rights Litigation 32 ILM 106 (1993) (CA 9th Cir). Kadic v Karadzic 70 F.3d 232 (2d Cir 1995) established the liability of private actors. The blossoming jurisprudence contemplates US and foreign corporations possibly being held civilly liable for human rights violations and environmental damage committed by overseas subsidiaries: see Abdullahi v Pfizer Inc 2002 US Dist LEXIS 17436 (SDNY 2002) vacated and remanded by 77 Fed App 48 (2d Cir 2003); Aldana Villeda v Fresh Del Monte Produce Inc 305 F. Supp 2d 1285 (SD Fla 2003); Alomang v Freeport McMoRan Inc No 96-2139 LEXIS 15908 (ED La 1996); Amlon Metals Inc v FMC Corp 775 F. Supp 668 (SDNY 1991); Aquinda v Texaco Inc 850 F. Supp 282 (SDNY 1994), 945 F. Supp 625 (SDNY 1996) & 303 F.3d 470 (2d Cir 2002); Bano v Union Carbide Corp 273 F.3d 120 (2d Cir 2001) & 2003 US Dist LEXIS 4097; Beanal v Freeport-McMoRan Inc 969 F. Supp 362 (ED La 1997) & 197 F.3d 161 (5th Cir 1999); Bigio v Coca-Cola Co 239 F.3d 440 (2d Cir 2000); Bowoto v Chevron 2004 US Dist LEXIS 4603 (ND Cal 2004); Dow Chemical Co v Castro Alfaro 786 SW 2d 674 (Tex SC 1990); Eastman Kodak Company v Kavlin 978 F. Supp 1078 (SD Fla...

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