• Laboratories of Extraterritoriality

    Author(s):
    Jenna Foos, Sean Pager
    Date:
    2021
    Group(s):
    MSU Law Faculty Repository
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/w69b-3z33
    Abstract:
    With the effective demise of the Alien Tort Statute ("ATS"), state law is widely expected to play an expanded role in international human rights litigation. Commentators have focused on commonlaw tort as the presumptive vehicle for such suits. However, this Article argues that state unfair competition statutes offer an underexplored alternative that is vastly superior. Transnational unfair competition actions are more versatile than common-lawtort less problematic for federal preemption and federalism concerns, and are particularly well-suited to overcome the jurisdictional and procedural hurdles that can hamper other transnational lawsuits. Indeed, unfair competition suits have already successfully targeted supply-chain violations overseas in cases involving both intellectual property infringement and human rights abuses. This Article surveys state unfair competition provisions, categorizes their operative language, and assesses their suitability to support transnational claims. Finally, this Article provides a strategic roadmap to implement supply-chain litigation effectively.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    3 months ago
    License:
    Attribution
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