Delaware
How Doe I v. Unocal Corp. applies in Delaware: state-specific rules, key cases, and bar exam notes for International Law (Alien Tort Statute).
Delaware courts generally follow the principles articulated in Doe I v. Unocal Corp. concerning corporate liability under the Alien Tort Statute (ATS). They emphasize the applicability of international norms to Delaware corporations and may recognize ATS claims involving human rights violations under the state's corporate resilience framework.
Delaware recognizes the potential for corporate liability under the ATS where a corporation’s actions amount to violations of customary international law.
Delaware courts upheld that foreign nationals could bring claims under the ATS if the corporation was directly involved in human rights abuses.
This case found that if a corporation contributes to human rights abuses abroad, it can face liability under both state and federal laws.
The court affirmed that corporate actions causing harm to people abroad must meet Delaware’s standards for liability.
Delaware law reflects the federal framework established by Doe I, allowing for claims against corporations when their conduct aligns with international law violations. However, Delaware also provides a more robust framework for evaluating corporate governance and responsibilities, arguably heightening the scrutiny of corporate actions as compared to federal courts.
Understanding the applicability of the ATS in Delaware is essential for the Delaware bar exam, emphasizing corporate liability in international contexts.