More Debate Over Corporate Aiding and Abetting Liability Under ATS
As to corporate liability under ATS for aiding and abetting a tort, the debate goes on here, here and here at OpinioJuris as to the amicus brief first noted here. The issue in short is whether Nestle can be held liable under the ATS if it knew it was contracting with persons who were violating local labor laws, or whether it also must be proven that Nestle intended its contracting to help further the violations of local labor laws. That issue includes sub-issues regarding the degree of international consensus required to establish a rule of international law and how one proves up an international consensus. The issues plainly are important to companies contracting with known law breakers.