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Norms That Can Be Violated

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Chapter Summary

This chapter explores the regime of transnational corporations (TNC) liability through norms that can be violated by States as well as private actors. It analyzes the norms identified by Alien Tort Statute (ATS) courts as falling within the category of norms not requiring State action. The chapter evaluates what modes of participation (triggering liability) apply in respect of these norms and the methodology to be employed in determining them. From all possible modes of participation, aiding and abetting (where the main perpetrators are State officials or military personnel) is the most critical from TNCs' perspective since they capture corporate wrongdoing which may be far removed from the action of the main perpetrators.

Keywords: human rights violation; international criminal law norms; transnational corporations (TNC) liability



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