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- Title
Why is the U.S. Abdicating the Policing of Multinational Corporations to Europe?: Extraterritoriality, Sovereignty, and the Alien Tort Statute.
- Authors
Kirshner, Jodie A.
- Abstract
The United States has policed the multinational effects of multinational corporations more aggressively than any other country, but recent decisions under the Alien Tort Statute indicate that it is now backtracking. Europe, paradoxically, is moving in the other direction. Why do some countries retract extraterritorial jurisdiction while others step forward? The article traces the opposing trends through corporate human rights cases and suggests that the answer may lie in attitudes towards national sovereignty. The developments raise important questions regarding the position of the United States in a globalizing world and its role in upholding international norms.
- Subjects
UNITED States; INTERNATIONAL business enterprises; JURISDICTION; STATUTES; SOVEREIGNTY; INTERNATIONAL law; EXTERRITORIALITY; TORTS
- Publication
Berkeley Journal of International Law, 2012, Vol 30, Issue 2, p259
- ISSN
1085-5718
- Publication type
Article