By Michael Koebele
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Additional resources for Corporate Responsibility under the Alien Tort Statute : Enforcement of International Law through US Torts Law (Developments in International Law, Volume 61)
Disagreement exists, however, on which standard should be employed to determine the torts actionable under ATS from those which are not. See the discussion under II. Until the Supreme Court’s decision in Sosa v. Alvarez-Machain, 124 S. Ct. 2739 (2004), a myriad of diverging and complementary views on the appropriate criteria for the determination of which wrongs are open to litigation under ATS flourished. 124 S. Ct. 2739. Peter Schuyler Black, “Kadic v. Karadzic: Misinterpreting the Alien Tort Claims Act”, 31 Ga.
ITT v. 2d 1001, 1015 (2d Cir. 1975). See Casto, supra note 1, at 467–68. 3d. 844, 847 (11th Cir. 1996). 886 F. Supp. 162, 180 (D. Mass. 1995). 12 Yet, while this stance may be promising at first sight, a second look gives rise to doubts. S. S. S. and its counterparts? The answer to this question shows that a literal reading of the wording of ATS runs afoul. , 1992). ” Restatement, § 102(2). According to the comments, the objective element – state practice – embraces “diplomatic acts and instructions as well as public measures and other governmental acts and official statements of policy, whether they are unilateral or undertaken in cooperation with other states, for example, in organizations such as the Organization for Economic Cooperation and Development”.
D. Cal. 1987). In Forti, an action based on ATS was brought by two Argentinean citizens residing in the United States alleging torture, murder, and arbitrary detention. 3d 1467, 1475 (9th Cir. 1994). However, the difference with those who proclaim that violations of international law in general should fall within the reach of ATS should not be overstated, particularly in terms of practical differing results. Quite often, courts which rely on the stricter “definable, universal and obligatory test” simultaneously refer to Restatement § 702, with the heading “Customary International Law of Human Rights”.
Corporate Responsibility under the Alien Tort Statute : Enforcement of International Law through US Torts Law (Developments in International Law, Volume 61) by Michael Koebele