[Vision2020] Alien Torts Claims Act: International Corporate Accoutability

[Ted Moffett]

Jeff et. al.

I apologize for the mistaken sending of the incomplete response that posted
to the list today... It must be a wayward finger that caused this...
I won't blame my software or computer.

Jeff, I think the USA should keep trading with China, but take a more
aggressive stance toward not allowing US based multinationals to be
complicit in violating or tolerating labor, environmental or human rights
abuses in foreign nations.  I think it is a valid moral argument that
consumers and citizens of the USA can and should insist that the products
they are buying imported from other nations are not associated with labor,
environmental or human rights abuses, whether the products come from US
based multinationals or not.  They can vote with their wallet, and also
pressure our government to adopt more aggressive regulation of US based
multinationals to avoid labor, environmental or human rights abuses being
committed or tolerated in foreign nations.

I thought it was rather clear from my previous responses that I support more
firm regulation of US based multinationals, to ensure they are not complicit
with violations of labor, environmental or human rights law when operating
in foreign nations, and not just based on the laws of the nation they are
operating in.  And that those who raise these issues in regards to
hesitation to heartily support Wal-Mart's expansion in the US, are raising
significant and valid moral issues, along with the argument that
corporations that gain significant competitive advantages over US based
manufacturers by taking advantage of a lack of labor, environmental or human
rights law, or enforcement of such law, in other nations, laws that US based
manufacturers must follow, can have negative impacts on US workers and
jobs, and our economy.

It appears that our brief discussion on this issue was approached too
"personally."  So I will let other scholars, who know far more than I do,
present some of the complex issues, arguments and solutions relating to
these issues.

I am sure Jeff has heard of the Alien Torts Claims Act?  There is debate
that in fact US based multinationals can be held liable within the US in US
courts for human rights violations in foreign nations.  Some think certain
applications of law in this regard to be invalid, but the cases have been in
court, nonetheless.

Information at the links below relating to multinationals, and the legal and
regulatory environment, both domestic and international, that addresses
assuring they are not violating labor, environmental and human rights laws:

http://yaleglobal.yale.edu/display.article?id=4131


http://www.earthrights.org/files/Reports/inourcourt.pdf


http://law.vanderbilt.edu/journal/37-01/pagnattaro.pdf

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Ted Moffett
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