A Study Of Corporate Liability In Alien Tort Statute Actions Of U.S.A.

The Alien Tort Statute originated in Section 9 of the Judiciary Act of 1789.It has been amended several times and is now U.S.C.§ 1350.When the United States was founded,there were no remedies available to foreigners for assaults,which led to a diplomatic crisis when French diplomats were unable to obtain compensation for attacks on them.In response to the diplomatic crisis and to avoid placing the federal government at a disadvantage through "denial of justice," Congress enacted the Alien Tort Statute and delegated jurisdiction to the federal courts.The Alien Tort Statute was quickly invoked by the courts,but then fell into a 100-year-long silence.In the early 20th century,the civil rights awareness and civil rights movement in the U.S.and the globalization of the economy led to more economic and trade disputes and international civil litigation,which led to the inclusion of international human rights tort cases in the jurisdiction of the U.S.federal courts and greatly contributed to the revival of the Alien Tort Statute.As society evolved,The Alien Tort Statute,which had been in practice for a long time,gave the courts greater jurisdiction,and the focus of litigation gradually shifted to corporate litigation.In recent years,the scope of the Alien Tort Statute has been narrowed by the federal courts because of the concern that the Alien Tort Statute will lead to "judicial hegemony" in the United States and unnecessary diplomatic conflicts,especially the controversy over corporate liability in Alien Tort Statute lawsuits.In practice,the federal courts’ approach to corporate liability can be divided into affirmative,negative,and partially affirmative.2018’s Jessner case was the most resolute in its rejection of corporate liability,and since then the circuit and district courts have stopped affirmatively upholding corporate,including U.S.,tort liability.Indeed,the rationale for the federal courts’ refusal to hold corporations liable under the Alien Tort Statute is unpersuasive,particularly in terms of enabling U.S.corporations to dissociate themselves from liability,which has been widely debated in practice and academia.In addition to corporate liability,the ability of federal courts to govern foreign subsidiaries under the Alien Tort Statute has been a major point of contention,and in 2013,the federal Supreme Court issued a final decision in the eleven-year-long Kiobel case,denying jurisdiction to U.S.courts based on the presumption of extraterritoriality.Since then,ATS litigation has barred plaintiffs from bringing claims based solely on conduct that occurred abroad,and in 2018 the federal Supreme Court in Jessner further denied foreign companies the possibility of being sued under the Alien Tort Statute.The above cases make it impossible for a victim to sue a foreign subsidiary under the Alien Tort Statute.Indeed,the exclusion of foreign subsidiaries from the Alien Tort Statute’s jurisdiction is an excessive limitation on its extraterritorial application.The liability of a foreign subsidiary under the Alien Tort Statute has certain possibilities in terms of respecting the jurisdictional sovereignty of each country,balancing the interests and responsibilities of the parent company and the judicial interpretation power of the federal courts.Federal court jurisdiction over foreign subsidiaries can avoid the foreign relations,commercial risk,and separation of powers concerns raised by the Federal Supreme Court in Jesner.The current divide in Alien Tort Statute litigation remains,and the future use of Alien Tort Statute remedies remains the larger issue.First,continuing to seek relief from Alien Tort Statute corporate litigation remains the best avenue.Both the general trend of international human rights protection and the legislative purpose of the Alien Tort Statute support jurisdiction over corporations,and aiding and abetting liability provides a theoretical basis for Alien Tort Statute corporate litigation;second,using the Alien Tort Statute to sue corporate officers is the latest channel,combining the history ofAlien Tort Statute litigation against corporate officers,using the theory of superior liability to support,and analogizing to The case law of international criminal tribunals provides the basis for the liability of corporate officers.