THE ALIEN TORT CLAIMS ACT
99
tools” courts have at their disposal to limit ATCA cases
.
27
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
Flomo
decision, Judge Posner writes:
If a corporation complicit in Nazi war crimes could be punished
criminally for violating customary international law . . . then
a
fortiori
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
.
28
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
.
29
The Hudson’s Bay Company, incorporated in 1670, enjoyed an exclu-
sive trading monopoly in the Hudson Bay region of the New World
.
30
As
27
Kiobel v. Royal Dutch Petroleum Co.
,
.
28
Flomo v. Firestone Natural Rubber Co.
,
(citing
Kiobel v.
Royal Dutch Petroleum Co.
,
(concurring opinion).
29 See E
DWARD
J. W
ALLACE
,
T
HE
O
Q
: D
R
OF
I
L
AW
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
. . .”
30
.
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