INTERNATIONAL IMPLICATIONS OF THE ALIEN TORT STATUTE

Gary Hufbauer and Nicholas Mitrokostas

Journal of International Economic Law, 2004, vol. 7, issue 2, 245-262

Abstract: The Alien Tort Statute of 1789 (ATS) remained virtually dormant until it was revived by the 1980 decision of the Second Circuit in Filartiga v Pena-Irala. Since Filartiga, plaintiffs, who are neither US citizens nor residents, have invoked the ATS for a widening range of claims alleging large damages from acts committed outside the United States. ATS suits are increasingly targeting the deep pockets of multinational corporations. In an upcoming case, Sosa v The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. Oxford University Press 2004; all rights reserved, Oxford University Press.

Date: 2004
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Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

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