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Globalizing Transitional JusticeContemporary Essays$
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Ruti G. Teitel

Print publication date: 2014

Print ISBN-13: 9780195394948

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780195394948.001.0001

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The Alien Tort and the Global Rule of Law

The Alien Tort and the Global Rule of Law

Chapter:
(p.165) 10 The Alien Tort and the Global Rule of Law
Source:
Globalizing Transitional Justice
Author(s):

Ruti G. Teitel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195394948.003.0010

When this chapter was written, the human rights community had increasing hopes pinned on the resuscitation of a centuries-old federal statute permitting aliens to bring tort claims in U.S. courts for violations of “the law of nations.” In several cases, victims of human rights abuses abroad succeeded in obtaining verdicts against their perpetrators. Yet these hopes would soon start to fade, as the U.S. Supreme Court would narrow the window for such actions to instances where the violation of the law of nations was at least of a general kind that could have been in the contemplation of the drafters of the statute, then in Kiobel insist on a significant connection to the United States as a condition for bringing suit under the ATCA. Ultimately, this chapter raises broader issues about interpreting transitional justice responses against a background of international law including the law of nations.

Keywords:   ATCA, human rights, Kiobel, law of nations

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