Abstract
This chapter explores corporate liability in instances of cooperation between transnational corporations (TNCs) and State actors resulting in a violation of international law in respect of the overwhelming majority of international norms which can only be violated by State actors. It presents the general rule that international law only applies to States, i.e., State actors as recognized in Alien Tort Statute (ATS) litigation. The chapter analyzes what kind of cooperation between and among official State and private actors is necessary to qualify as a violation of international law in the meaning of and as required by the wording of ATS. It outlines some general considerations on the hybrid nature of ATS and presents some conclusions.Keywords: Alien Tort Statute (ATS) litigation; international norms; state actors; transnational corporations (TNCs)
Published Version
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