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Jesner and Others v. Arab Bank PLC
Published online by Cambridge University Press: 01 January 2021
Abstract
Relationship of international law and municipal law — Liability for violations of international law under Alien Tort Statute 1991 — Whether to impose liability under Alien Tort Statute for violations of new norms of international law — Whether corporate liability established as a norm of international law — Judicial discretion in matters concerning foreign relations — Separation of powers — Whether appropriate for judicial branch to allow Alien Tort Statute liability to extend to foreign corporations
Jurisdiction — Subject-matter jurisdiction — Whether suit could be maintained under Alien Tort Statute 1991 — Whether corporations could be sued for violations of international norms under Alien Tort Statute — Corporate liability for violations of international human rights law — Judicial discretion in matters concerning foreign relations — Separation of powers
Diplomatic relations — Comity — Judicial discretion in matters concerning foreign relations — Separation of powers — Imposition of corporate liability under Alien Tort Statute 1991 — Complex policy decision — Whether appropriate for judicial branch to make decision
Terrorism — Terrorist acts committed abroad — Whether corporation facilitating those acts in violation of international law — International Convention for the Suppression of the Financing of Terrorism, 1999 — Whether corporations could be sued for violations of international norms under Alien Tort Statute — The law of the United States
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- © Cambridge University Press 2020