“1861 Revisited In 1861, the United States went to war over the question of whether economic benefits for the Southern elite could justify enslaving Africans. Slavery’s proponents focused on the …
Just Security
Nestlé & Cargill v. Doe Series: A Canadian Perspective – Takeaways from Nevsun Resources Ltd. v. Araya.
“Canadians working to promote human rights accountability for multinational businesses have long looked to Alien Tort Statute (ATS) litigation in the United States with a mixture of admiration and envy. …
Nestlé & Cargill v. Doe Series: Rethinking the Alien Tort Statute
“This Term’s consolidated cases Nestlé USA v. Doe and Cargill v. Doe show how the Supreme Court has gone wrong in applying the Alien Tort Statute (ATS) and offer a chance for correction. …
Nestlé & Cargill v. Doe Series: Toward a Harmonized Test for Complicity of Corporate Officials?
“The amicus brief by international law scholars, former diplomats, and practitioners in Nestlé USA, Inc. v. Doe I, filed Oct. 21, 2020, rightfully argues that secondary liability in the form of aiding and abetting …
Nestlé & Cargill v. Doe Series: No Safe Harbor for Enablers of Child Slavery – Secondary Liability and the ATS
“The Supreme Court will face difficult questions about the reach of the Alien Tort Statute (ATS) as it hears oral argument in Nestlé USA, Inc. v. Doe I on Dec. 1st. Fortunately, …
Nestlé & Cargill v. Doe Series: The Prohibitions on Slavery, Forced Labor, and Human Trafficking Meet the Sosa Test
“Slavery is among the oldest prohibitions under international law. In Nestlé USA, Inc. v. Doe I, slated for oral argument on Dec. 1st, however, the Supreme Court will consider whether to exempt …
International Lawyers Assisting Workers Network
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The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality
“In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time. …