Abstract

Many corporations, like states, have the resources and power both to perpetrate and to escape responsibility for abuse. Many people believe it is necessary to bring multinational corporations under the authority of international human rights frameworks. The challenge comes in particular from financial speculation in deregulated currency markets and the growing economic power of multinational corporations. Alien Tort Claims Act (ATCA) is an example of a national jurisdiction treating corporations in the same way as natural persons with regard to international customary law. Increasingly ATCA is being used to pursue corporations rather than individuals. ATCA is there and, as the constitutional challenge evidences, is a clear cause concern to the US government and to multinational corporations. The point is that ATCA is a threat – a smoking gun – which could explode in the face of a Multi-National Corporation at some point.

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