US courts should apply universal principle to Alien Tort Cases

Type :

Term papers

Pages :

10 pages

Format :

.doc

Published date :

07/28/2009

Category :

Law & contracts

Sub category :

International law

Oboulo.com selection criteria

$ 19.95 Add to cart

Summary :

Introduction - ATCA background
International treaties and area of jurisdiction for ATCA
The U.S. and the UN Universal Declaration of Human Rights in 1948
Traditional bases of jurisdiction
U.S. ATCA litigation history
The elements of an ATCA claim
A review of Sosa
Justice Souter's case
Recent ATCA cases
ATCA future
Conclusion

Abstract

The alien tort Statute, also known as the alien tort Claims Act (ATCA), originally appeared in Section 9 of the first Judiciary Act of 1789, which created the U.S. judicial court system. It provides that 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 (international law) or a treaty of the United States. The act was largely dormant until 1982, when the 2d Circuit decided Filartiga v. Pena-Irala, 630 F.2d 876, and provided what the Bush administration calls "the modern conception" of the act, "a far-reaching cause of action on behalf of aliens for violations of international law anywhere in the world."

The Constitutional problem is determining the type of case ATCA poses under Art III Sec 2. The Section 9 Judiciary Act creates the right of an alien to sue; however, the next step is determining how a tort claim "committed in violation of the law of nations or a treaty of the United States" fulfils the constitutional requirements of Art III Section 2. Chief Justice Marshall said in The Nereide, 13 U.S. 388, 423 (1815), that "the Court is bound by the law of nations which is a part of the law of the land. Subsequent courts have reiterated that customary international law is part of U.S. law and that rules regarding foreign relations and international law must be treated exclusively as an aspect of federal law.