About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

35 Hastings Int'l & Comp. L. Rev. [i] (2012)

handle is hein.journals/hasint35 and id is 1 raw text is: HASTINGS INTERNATIONAL AND COMPARATIVE LAW Review VOL.35 Winter 2012 NO. 1 Table of Contents ARTICLES APPLYING THE DOCTRINE OF SUPERIOR RESPONSIBILITY TO CORPORATE OFFICERS: A THEORY OF INDIVIDUAL LIABILITY FOR INTERNATIONAL HUMAN RIGHTS VIOLATIONS By Brian Seth Parker.....................................1 With the Supreme Court set to hear Kiobel v. Royal Dutch Petrol. Co., a principal means of seeking redress for corporate complicity in egregious international law violations under the Alien Tort Statute hangs in the balance. This Article examines the doctrine of superior responsibility, otherwise known as command responsibility, as a functional theory of liability in filling some of the gaps potentially left by Kiobel or by adding another arrow to the quiver if the Supreme Court refuses to grant corporations immunity. The doctrine of superior responsibility imposes liability on superiors when they knew or should have known about their subordinates' violations of international law, but fail to prevent such acts or punish the perpetrators. After reviewing the application of criminal superior responsibility historically, this Article argues that Alien Tort Statute suits against individual corporate officers for international law violations as superiors will face a wide array of obstacles, allowing human rights victims to obtain civil remedies in only a very narrow set of circumstances.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most