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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.

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