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

6 J. Int'l Com. L. & Tech. 1 (2011)

handle is hein.journals/jcolate6 and id is 1 raw text is: JICLT Civil Liability of Corporate and Non-state Aiders and Abettors of International Terrorism as an Evolving Notion under International Law* Dr. Sascha- Dominik Bachmann 4 Senior Lecturer in Law, University of Portsmouth Sascha.Bachmann@port. ac. uk Abstract. Global terrorist activities require financial economic support and a way to combat terrorism is to limit access to such funding. Terrorist financing is a global problem which is closely linked to money laundering and requires a well-co-ordinated, multilateral response through international bodies, such as the United Nations Security Council, the Financial Action Task Force (FATF) of the OECD, as well as the use of civil litigation by victims against terrorist groups and their sponsors. The proactive role of corporations, such as banks (cf. the US Arab Bank case) and other entities (cf. SNCB Securities), as well as individuals play as aiders and abettors in financing international terrorism is well known and documented.' This article aims to outline the evolving notion of corporate responsibility for human rights violations and acts of terrorism as a legal option for the individual victim of terrorism to achieve some form of justice. This article provides an overview of the current anti terrorism litigation under international and US law and introduces the idea of a new international court for the adjudication of such international torts. A. The Present Situation of Anti-Terrorism Litigation under International and Domestic Law 1. Introduction The starting point of this article is the acknowledgment that there exists a notion of Corporate Responsibility as an accessory to terrorism related human rights violations: this observation can be linked to the growing influence that multinational corporations (MNCs) or multinational enterprises (MNEs) have developed in the context of transnational business operations over the last 50 years. The US scholar Blumberg (2002) describes the impact of such MNCMINEs on global trade and business: In the modern global economy, the largest corporations conduct worldwide operations. They operate in the form of multinational corporate groups organized in incredibly complex multi- tiered corporate structures consisting of a dominant parent corporation, sub holding companies, and scores or hundreds of subservient subsidiaries scattered around the world. The 1999 World *a This paper is a revised and extended version of the paper Civil Lawsuits against Corporate and Non-state Alders and Abettors of International Terroris as an Evolving Notion under International Law presented at the 1st International Private Law Conference, Barcelona on Nov.2, 2010. This paper won the 2010 JICLT Best Paper Award and was originally published in Kierkegaard, S.(2010).Private Law: Rights, Duties and Conflicts, pp.787-800 * Senior Lecturer in Law (University of Portsmouth); Assessor Jur, LL.M (Stellenbosch), LL.D (Johannesburg); Sascha- Dominik undertook some prior work in that field while working as a Postdoctoral Research Fellow with the University of Johannesburg before joining the University of Portsmouth, UK, in 2008; cf S-D Bachmann Civil Responsibility for Gross Human Rights Violations- The Need For A Global Instrument (Pretoria University Press (PULP) 2008). This article won the Best Paper 2010 award of the JICLT 1 UN Consolidated List established and maintained by the 1267 Committee with respect to Al-Qaida, Usama bin Laden, and the Taliban and other individuals.

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