Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428 (1989)
Sosa v. Alvarez-Machain, 542 U.S. 692 (2004)
Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013)
Jesner v. Arab Bank, PLC, No. 16-499, 584 U.S. ___ (2018)
Nestlé USA, Inc. v. Doe, No. 19-416, 593 U.S. ___ (2021)
The Alien Tort Statute (codified in 1948 as 28 U.S.C. § 1350; ATS), also called the Alien Tort Claims Act (ATCA), is a section in the United States Code that gives federal courts jurisdiction over lawsuits filed by foreign nationals for torts committed in violation of international law. It was first introduced by the Judiciary Act of 1789 and is one of the oldest federal laws still in effect in the U.S.
The ATS was rarely cited for nearly two centuries after its enactment, and its exact purpose and scope remain debated.[1][2] The U.S. Supreme Court has interpreted the Act's primary purpose as "[promoting] harmony in international relations by ensuring foreign plaintiffs a remedy for international-law violations in circumstances where the absence of such a remedy might provoke foreign nations to hold the United States accountable."[3]
Since 1980, courts have generally interpreted the ATS to allow foreign nationals to seek remedies in U.S. courts for human rights violations committed outside the United States, provided there is a sufficient connection to the United States.[4] Both case law and jurisprudence differ on what characterizes a sufficient U.S. connection, particularly with respect to corporate entities.[2]
^Stephen P. Mulligan, The Rise and Decline of the Alien Tort Statute Archived 2020-11-19 at the Wayback Machine, Congressional Research Service (June 6, 2018).
^ ab"Looking Without and Looking Within: Nestlé v. Doe and the Legacy of the Alien Tort Statute | ASIL". www.asil.org. Archived from the original on 2021-07-15. Retrieved 2021-07-16.
^Jesner v. Arab Bank, PLC, No. 16-499, 584 U.S. ___ (2018).
^Mulligan, Stephen P. (June 1, 2018). The Alien Tort Statute (ATS): A Primer. Washington, DC: Congressional Research Service. Archived from the original on 16 November 2018. Retrieved 16 November 2018.
and 17 Related for: Alien Tort Statute information
The AlienTortStatute (codified in 1948 as 28 U.S.C. § 1350; ATS), also called the AlienTort Claims Act (ATCA), is a section in the United States Code...
"The Impact of 'Kiobel' Curtailing the Extraterritorial Scope of the AlienTortStatute" (PDF). Wall Street Lawyer. 17 (7): 3–10. Conway, George; Ku, Julian...
Human Rights. With the potential exception for redress under the AlienTortStatute corporations are only legally accountable for human rights violations...
lawsuit was filed under the Torture Victim Protection Act and the AlienTortStatute, a federal law that lets American courts try foreign human rights...
2011, a group of Falun Gong practitioners filed a lawsuit under the AlienTortStatute alleging that Cisco knowingly developed and customized its product...
District of New York in Brooklyn under the Anti-Terrorism Act and AlienTortStatute in 2004, all of which resulted in decisions in favor of the bank....
Argentina in federal court claiming that Argentina's actions violated the AlienTortStatute 28 U.S.C. § 1350 and general admiralty law. Because the Court found...
including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations...
enforced by the court of another member state. Act of state doctrine AlienTortStatute Conflicts of Law Enforcement of foreign judgments Forum non conveniens...
computer program that creates and submits orders to a financial exchange AlienTortStatute, a US law Antarctic Treaty System, regulating Antarctica Antarctic...
in Richmond, Virginia, found that an 18th-century law known as the AlienTortStatute, allowed non-US citizens access to U.S. courts for violations of "the...
circuit court later found that the corporation could be sued under the AlienTortStatute of 1789. Kavanaugh wrote for unanimous three-judge district courts...
extraterritoriality has changed over the years, however. For example, the AlienTortStatute of 1789 allows foreign citizens in the United States to bring cases...
Roger L. (November 25, 2012). "Private Security Liability under the AlienTortStatute". piracy-law.com. Archived from the original on December 4, 2012....
In January, 2010, Lyman weighed in in opposition to using the U.S. AlienTortStatute in federal court to gain reparations for South African workers, from...
the case in October 2012 pending a US Supreme Court decision on the AlienTortStatute, the U.S. human rights law on which Turkcell's suit is based. Yaani...
Florida on behalf of five of Taylor Jr.'s victims pursuant to the AlienTortStatute and the Torture Victims Protection Act. The plaintiffs won by a default...