ABSTRACT
This essay sheds light on the legal developments that have sidelined US courts with respect to achieving remedies for “foreign-cubed” business and human rights matters. (“Foreign-cubed” refers to situations in which a plaintiff from one country sues a defendant from another country in a US court for an act committed outside of US territory.) The essay contrasts the reality of ever-more robust cross-border protections for corporate property and shareholders’ rights with the retention of a soft and ultimately voluntary approach to cross-border corporate responsibility. New external channels for corporate responsibility have emerged in response that are increasingly decentralized and untethered to national systems of corporate governance and can better contend with the state’s embedded protectiveness of its domestic corporations active abroad.
