Comment by Gregory T. Euteneier
This Comment considers whether a multinational enterprise (MNE) could be held civilly liable under the Alien Tort Claims Act (ATCA) for violation of an accepted norm of MNE conduct. The Comment argues that MNEs are major players in the global dynamic, wielding economic and political power that dwarfs that of many states. Often operating outside of any state's authority, MNEs are capable of and should be held responsible for violations of human rights norms. Because the current international law framework appears to be incapable of regulating MNE conduct, courts should look to the growing body of MNE self-regulation to give content to the body of customary international law. Accordingly, an MNE's violation of a specific norm that has attained strong consensus in the MNE community should be held to be a violation of a norm of customary international law and, thus, should provide a cause of action under the ATCA.
About the Author
Gregory T. Euteneier. J.D. candidate 2008, Tulane University School of Law; B.A. 1999, Georgetown University.
Citation
82 Tul. L. Rev. 757 (2007)