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William & Mary Business Law Review

Authors

Mila Kelly

Abstract

For over half a century, Israeli Settlements in the occupied West Bank have expanded significantly in both land and economic activity. While this expansion has not been without criticism from the international community over fear of humanitarian law violations, global businesses have not shied away from the profitability of this region. This engagement in corporate activity within any disputed territory comes with its fair share of business risk, including legal liability for complicity in purported human rights violations.

This Note will examine the hypothetical liability for corporations doing business in the West Bank and explain how international law and the Alien Tort Statute have both proved to be ineffective systems of accountability. Because of this, companies have continued to engage in internationally condemned conduct without legal repercussions. However, as this operation is not free of financial and social risk to a company and subsequently its shareholders, this Note will suggest that socially responsible shareholder proposals are a viable solution to address the risky decision to conduct business in the West Bank and other disputed territories.

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