Corporate Liability Under the U.S. Alien Tort Statute: A Comment on Jesner v. Arab Bank

Abstract

This comment examines the implications of Jesner v. Arab Bank for corporate liability under the Alien Tort Statute (ATS). Part II looks at corporate liability under customary international law, which was discussed extensively in Justice Kennedy’s plurality opinion and in Justice Sotomayor’s dissent. Part III then discusses Jesner’s limitation of the ATS cause of action to exclude suits against foreign corporations. Part IV turns to Jesner’s implications for suits against US corporations, concluding that such suits face substantial barriers even if they are still technically permitted.