Given the increasing magnitude of the U.S.-China relationship, it is worth examining the implications of these rulings, as well as the Court’s asserted interest in diplomacy, against the backdrop of the ongoing U.S.-China trade war. A closer look at this diplomatic breakdown suggests that whether the ATS retains its remaining strength or not, the federal government ought to be prudent in weakening legal means to enforce corporate accountability, especially when consequential bilateral relations are at stake.

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