Canadian Corporations Bound by the Phoenix: Setting the Path for the United States

Authors

Kelly Brickman, Cleveland-Marshall College of Law

Publication Date

3-31-2022

Abstract

This Note argues that the United States courts have jurisdiction to consider corporate liability for international law violations of human rights under the reasoning of the Supreme Court of Canada, in Nevsun Resources Ltd. v. Araya. The United States Supreme Court has escaped holding such liability exists, but Canada has outlined how countries, such as the United States, no longer can avoid holding corporations liable under customary international law. Corporate liability for human rights violations committed abroad is a cutting-edge issue. The United States Supreme Court has considered the issue before, but the Court used different analyses and was without any precedent to refer to. In prior decisions, the Court rationalized that customary international law was not influential enough and that Congress needed to be involved to hold corporations liable for such violations. However, the Supreme Court of Canada’s decision demonstrates that the United States’ justices who previously decided against adoption of corporate liability under customary international law no longer can defend their antiquated arguments. This issue is bound to be in front of the Court again and will be highly publicized because of the trending rise of importance of human rights. The United States Supreme Court must conform to the customary international law holding corporations liable for international law violations of human rights.

First Page

58

Recommended Citation

Kelly Brickman, Canadian Corporations Bound by the Phoenix: Setting the Path for the United States, 10 Global Bus. L. Rev. 58 (2022)
available at https://engagedscholarship.csuohio.edu/gblr/vol10/iss1/7