(80) Finally, the dissent understood that the plurality's rule would allow alien corporations to use common commercial arrangements, like appointing a distributor, to avoid minimum contacts with (and therefore personal jurisdiction in) any state.
This possibility does not exist with respect to alien corporations. Martinez v.
an alien corporation outside the territory of the United States that had never developed substantial connections within the country could make any claim to the protection of the Due Process Clause of the Fifth Amendment."); cf.
"International law is the normative expression of the international political system"(1) and as a result, international law governs the relations between states.(2) Within this international system, however, states are free to regulate their nationals, as well as the relations between their nationals and other states.(3) A rational corollary to this is the right of a state to regulate a multinational corporation (MNC) incorporated within its territory.(4) The steady growth in the overseas operations of MNCs, through their foreign subsidiaries, collaborations with alien corporations, and joint ventures, has complicated this traditional view of jurisdiction.(5)
Accountability under international law also poses serious problems when alien corporations are thrown into the mix.
A federal court cannot steamroll over these delicate concerns while applying international norms to corporate activity, especially the activities of alien corporations. Of course, several procedural safeguards are available to make these concerns seem inflated.(119) With increasing global integration, however, the safety net of personal jurisdiction and other procedural safeguards may disappear, leaving alien corporations at the mercy of U.S.
corporation's extraterritorial abuses would be granted an opportunity for redress, but plaintiffs' ability to bring an action against alien corporations in U.S.
MNCs without imposing similar restraints on alien corporations allows the latter greater access to developing markets.
(112.) ATCA-based tort attacks on alien corporations could be perceived by some countries as an attack on their sovereignty.
courts will now indiscriminately sanction alien corporations for their human rights abuses, the liberal approach of Filartiga and its progeny--cases that have found non-U.S.
However, the amendment does not affect non-FSC alien corporations that continue to be exempt from combined reporting.
possession) or an alien corporation (i.e., incorporated under the laws of a foreign country).