The United States Supreme Court decision in Nestlé USA, Inc. v. Doe effectively closed the door for forced laborers in the global supply chain to sue corporations headquartered in the United States for aiding and abetting in their human trafficking under the Alien Tort Statute. At the same time, however, the European Union and Canada are passing legislative measures that increase corporate accountability for human rights supply chain violations. This note argues that, in light of the Nestlé decision, contracts can be an effective mechanism for corporate accountability in the United States and that multi-national corporations will be incentivized to incorporate these contracts throughout the supply chain as a means of compliance with the European Union and Canadian statutory schemes.
Contracting Against Slavery: Corporate Accountability for
Human Rights Supply Chain Violations,
48 Brook. J. Int'l L.
Available at: https://brooklynworks.brooklaw.edu/bjil/vol48/iss1/6
Comparative and Foreign Law Commons, Contracts Commons, Human Rights Law Commons, International Law Commons, Jurisdiction Commons, Legislation Commons, Litigation Commons, Other Law Commons, Supreme Court of the United States Commons, Torts Commons