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The Alien Tort Statute

In: Teaching Business and Human Rights

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  • Anthony Ewing

Abstract

Civil litigation alleging human rights violations by companies is a form of state-based judicial remedy under the third pillar of the UN Guiding Principles on Business and Human Rights. For many years, the Alien Tort Statute (ATS) in the United States was the judicial mechanism most often used by plaintiffs harmed by extraterritorial business conduct seeking financial compensation and to hold companies accountable for their human rights impacts. This chapter summarizes the history of this judicial remedy mechanism and ATS claims against companies, describes the increasingly narrow interpretation of the scope of the ATS by the U.S. Supreme Court in the Kiobel, Jesner, and Nestlé cases, and offers an approach for teaching the ATS in a business and human rights course.

Suggested Citation

  • Anthony Ewing, 2023. "The Alien Tort Statute," Chapters, in: Anthony Ewing (ed.), Teaching Business and Human Rights, chapter 13, pages 177-187, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:20941_13
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