[The viability of using the Alien Tort Claims Act

as a legal basis for holding Multinational Corporations accountable for Environmental Damage/Destruction]

by

Acknowledgement

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DECLARATION

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Abstract

ATS claims have the most potential for success. Among human rights claims it is the civil and political rights such as the right to life that are most likely to pass the Sosa standard of universal recognition among nations. As seen in past environmental ATS cases, especially, courts are not yet inclined to recognize human rights claims based on second and third generation human rights. The quite limited number of environmental cases that have been decided by courts under the ATS does not yet form a clear picture. However, until environmental norms have gained the status required to become part of the law of nations it is both the usage of environmental treaties and human rights claims (in a situation where human rights abuses and environmental harm overlap) that might allow courts to address environmental harm in an ATS case.Contents

CHAPTER 1: INTRODUCTION1

1.1 Background of the Study1

1.2 Introduction of the Research1

1.4 Research Question2

CHAPTER 2: LITERATURE REVIEW3

2.1 Environmental Claims under the Alien Tort Statute3

2.2 Basic Principles of an Environmental Claim under the Alien Tort Statute4

2.3 Environmental Torts4

2.4 Different Avenues for Environmental ATS claims5

2.5 Torts in Violation of the Law of Nations5

2.6 Torts in Violation of a Treaty of the United States6

2.7 Environmental ATS Claim7

2.8 Environmental Law9

2.9 U.S. Common Law10

2.10 U.S. Federal Environmental Law10

2.11 Criminalization in Environmental Law13

2.12 International Environmental Law13

2.13 Corporate Social Responsibility14

2.14 Forty Years in the Making16

2.15 CSR as a Business Strategy18

2.16 Implementing CSR19

2.17 General Principles of Social Responsibility21

2.18 Scope of Social Responsibility23

2.19 Alien Tort Claim Act and Different Countries25

CHAPTER 3: CASE LAWS32

3.1 The Presbyterian Church of Sudan v Talisman Energy32

3.2 Romero v Drummond Co33

3.3 Boimah Flomo v Firestone and corporate34

3.4 Kiobel v. Royal Dutch Petroleum35

CHAPTER 4: DISCUSSION AND ANALYSIS37

4.1 Tort Claims Act for Multinational Corporations37

4.2 Using Conventional Tort Claims39

4.3 Key considerations in cases of grievances of multinationals Negligence of the parent company41

CHAPTER 5: CONCLUSION51

BIBLIOGRAPHY56

APPENDIX78

Evaluation of Alien Tort Claims Act78

CHAPTER 1: INTRODUCTION

1.1 Background of the Study

This research focuses on the Alien Tort Claims Act and its impact on any organisation and comprises of the following chapters:

Introduction

Literature Review

Methodology

Conclusion

1.2 Introduction of the Research

The Alien Tort Claims Act (ACTA) grants the United States Federal court system original jurisdiction over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United ...