THE ALIEN TORT CLAIMS ACT
tools” courts have at their disposal to limit ATCA cases
This, of course,
is in addition to the consequences an attorney can be subject to if found to
have brought a frivolous lawsuit before a federal court.
VII. Historical Corporate Liablility
In the 2011
decision, Judge Posner writes:
If a corporation complicit in Nazi war crimes could be punished
criminally for violating customary international law . . . then
if the board of directors of a corporation directs the cor-
poration’s managers to commit war crimes, engage in piracy,
abuse ambassadors, or use slave labor, the corporation can
be civilly liable
Judge Posner’s harkening back to corporate accountability under post-
WWII developing international law is well taken but, in fact, evidence of
corporate accountability under the “Law of Nations” has existed since the
beginning of the New World
The Hudson’s Bay Company, incorporated in 1670, enjoyed an exclu-
sive trading monopoly in the Hudson Bay region of the New World
Kiobel v. Royal Dutch Petroleum Co.
Flomo v. Firestone Natural Rubber Co.
Royal Dutch Petroleum Co.
29 See E
24 (1846): “As respects the character and extent of the occu-
pation required by the Law of Nations, we have already seen that one thing necessary
is, that a
beneficial use should be made of the country
. . .”