Chiquita Csr Case Study

1528 WordsOct 28, 20087 Pages
Analysis: Litigation & Chiquita This case study deals primarily with the issue of litigation. The case study focuses especially on litigation concerned with U.S. companies being held accountable in U.S. courts for their actions and influences in foreign countries. The main company highlighted within the case study is Chiquita, the largest employer of banana workers in Latin America. This analysis will dive deeper into the actual issue of litigation and will focus on the Alien Tort Statute (also called the Alien Tort Claims Act [ATCA]), which was a part of the Judiciary Act of 1789. The issue of accountability and the analysis of multiple cases including Chiquita will be discussed in relevancy to litigation and the ATCA. Finally,…show more content…
If the corporate entity wrongs the constitutional rights of others, shouldn’t the state that chartered the corporation be held accountable in some way? Moving forward, who then should hold the state governments accountable for their corporate entities misbehaving overseas if the state governments do nothing to remedy the situation? Since the US Congress has the Constitutional authority to “regulate commerce… among the several States” as well as “with foreign Nations,” (Article 1, Section 8 of the US Constitution) should it not also have authority over states involved (via their corporate entities) in foreign commerce with citizens and businesses of other nations? Werther and Chandler raise the question of whether or not U.S. courts should be expanding their jurisdiction, or should these cases be a matter of U.S. foreign and trade policy? Regardless of one’s opinion, since the State governments bring the corporations into existence, they should be responsible for the actions taken by their corporations. Chiquita: Another strong example and reinforcement of the ATCA was the lawsuit where 3,000 foreign banana workers were allowed to be heard in U.S. Courts in 2002. These banana workers represented a fraction of those that have been exposed to the pesticide dibromochloropropane (DBCP), also known as Nemagon and Fumazone. Developed by Shell and Occidental Chemical, DBCP

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