THE COST OF TERRITORIALITY: JUS COGENS CLAIMS AGAINST CORPORATIONS

• Published in: Case Western Reserve journal of international law Vol. 50; no. 1-2; pp. 225 - 233
• Main Author: Doyle, Ursula Tracy
• Format: Journal Article
• Language: English
• Published: Cleveland Case Western Reserve University School of Law 22.03.2018; Case Western Reserve University, School of Law
• Subjects: Analysis; Civil actions; Companies; Courts; Defendants; District courts; Diversity jurisdiction; Extraterritoriality; Immunity from prosecution; Jurisdiction; Juristic persons; Jus cogens (International law); Law; Laws, regulations and rules; Noncitizens; Remedies; State court decisions; Subject matter jurisdiction; Supreme Court decisions; Territoriality; Torts; Treaties; United States > US

In Jesner v. Arab Bank PLC the US Supreme Court held that "foreign corporations may not be defendants in suits brought under the [Alien Tort Statute ("ATS")]," a US federal statute. The ATS states that "[t]he district courts shall have original jurisdiction of any civil acti...