On behalf of investors and investment managers dedicated to ESG principles, the ESG Institute submitted an amicus brief to the United States Supreme Court on Wednesday, October 21, 2020, for consideration in the pending Nestlé USA, Inc. v. Doe I case. Respondents, former child slaves, allege that Nestlé USA is liable under the Alien Tort Statute (ATS) for incorporating and facilitating child slave labor operations on cocoa farms in West African countries in its cocoa supply chain. Writing in support of Respondents, the ESG Institute argues that ESG investors have a particular interest in ensuring that the ATS be available as a legal mechanism for holding corporations accountable for their ESG transgressions.
The ESG Institute further asserts that permitting corporate liability under the ATS would incentivize U.S. companies to adopt and enforce humane and ethical business operations, such as closely monitoring their supply chains, in an effort to eradicate forced and child labor. The ESG Institute believes that doing so will ultimately advance the goals of ESG investing, which continues to grow at an unprecedented rate. The date set for the case to be argued before the Supreme Court was December 1, 2020. Read the Amicus Brief