Washington
How Doe I v. Unocal Corp. applies in Washington: state-specific rules, key cases, and bar exam notes for International Law (Alien Tort Statute).
Washington courts assess the application of the Alien Tort Statute (ATS) with respect to state laws that may influence the standards of conduct for corporations. The state's approach leans towards applying principles of corporate liability that parallel federal interpretations while also considering the specific contextual factors relevant to Washington.
In Washington, for a foreign corporation to be liable under the ATS, a plaintiff must demonstrate that the corporation's actions constitute a violation of customary international law and that a substantial connection exists between the harm and the actions of the corporation.
Established the precedent that injuries incurred abroad may be actionable in Washington courts provided they link to conduct violating international standards.
Held that corporations can be held liable for complicity in human rights abuses under Washington law when a direct nexus to the unlawful actions is established.
Emphasized the importance of due process in cases involving national security and foreign relations which can touch upon international law issues.
Washington's application of ATS principles tends to be more permissive in recognizing local corporate liability for international human rights violations compared to the stricter federal standards, which often require clear ties to the U.S. for jurisdictional considerations.
Understanding the implications of Washington's application of the ATS is crucial for bar examinees, particularly regarding corporate liability for international law violations and the analytical framework used by state courts.