Nationwide Law School Partnership Project
ICAR and EarthRights International have launched a nationwide project partnering with law schools to research state law and propose recommendations for legal reform around corporate accountability in their state.
This project is in part a response to the recent Supreme Court decision in Kiobel v. Royal Dutch Petroleum. The Court held that human rights cases can only be brought in U.S. federal court under the Alien Tort Statute if the actions “touch and concern” the United States “with sufficient force.” While the decision left the door open to some cases going forward in federal court, the Court did not give much explanation of what this test means or how other courts should apply it.
The practical effect of the decision has been that many cases that have an international element, including cases against U.S. corporations, have been dismissed.
Now, many human rights cases against corporations will proceed in state court. Victims can bring claims for assault and battery or wrongful death (as opposed to torture, genocide, or war crimes, which they could bring in federal court). Still, litigating in state courts presents many unique obstacles for victims of international human rights abuses. Targeted legislative amendments can make it easier for victims to sue in state courts.
ICAR is partnering with law schools to provide research support for human rights cases at the state level. Students will also examine their state law and propose recommendations of how the law could be improved to better protect human rights victims.
Research state law litigation issues and draft research memos.
Research state law legislative issues and draft legislation.
Research state legislators and approach allies to introduce and support bills.
Build a movement around the legislation; work with other organizations to help garner support.
Schools currently involved in the project include:
More Analysis and Updates From This Initiative
02 February 2015
The International Corporate Accountability Roundtable is pleased to announce a new program of work, the “Parent Company Accountability Project.” One of the largest barriers to remedy for victims of human rights violations by business is the limitation of liability ofRead More…
11 June 2014
On 10 and 11 June 2014 the International Corporate Accountability Roundtable (ICAR), Amnesty International, and the Norwegian Peacebuilding Resource Centre (NOREF) convened a closed two-day meeting to identify prosecution gaps at the national level involving criminal acts by corporate actors thatRead More…
26 February 2014
When businesses engage in illegal conduct that results in serious human rights abuse, they rarely, if ever, are held to account. This problem is particularly acute in the context of business activity involving multiple jurisdictions. Home States rarely take stepsRead More…
04 December 2013
On December 4, 2013, the International Corporate Accountability Roundtable (ICAR), CORE, and the European Coalition for Corporate Justice (ECCJ) launched “The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business.” The Report was researched and writtenRead More…
17 April 2013
On April 17th, 2013, the United States Supreme Court ruled in Kiobel v. Royal Dutch Petroleum (Shell) that Esther Kiobel may not proceed in her case against Shell for aiding and abetting in the torture and murder of her husband. TheRead More…