Corporate liability in International Law


Paul Mylvaganam of Goldsmith Chambers has been asked to contribute to a group of eminent Lawyers supporting an amicus brief in the Supreme Court of the United States of America. Paul was asked to support the submissions as an International Law specialist and the amicus curiae brief has been lodged in the US Supreme Court in support of the petitioners.

The United States Court of Appeals for the Second Circuit ruled that corporations cannot be liable under the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), looking at various sources of international law. The petitioners seek to reverse the decision.

The petitioners will argue that the Second Circuit was wrong on two grounds:

First, the Court of Appeals focused on customary International Law when it ought to have recognised general principles as one of the primary sources of International Law.

Second, major legal systems recognise liability of corporations. The Court of Appeals therefore erred in failing to consider that corporate liability is a general principle of International Law.

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