
	Where results make sense

Topic: Alien Tort Claims Act

Related Topics

Archibald Tait

San Xavier del Bac

Arne Nordheim

Menkent

Mirette on the High Wire

In the News (Sun 27 May 12)

EXECUTIVE POWER

Iran

ANALYSIS

Pakistan

Family compact

	USA*Engage - 2002 Legislative Activities - The Alien Tort Act: Correcting the Abuse of an Early Federalist Statute
		The plaintiff further claimed that the CAF received the coordinates for this bombing and aerial surveillance assistance from defendant Airscan, a U.S. company, in its capacity as a security contractor for Occidental, and that the bombing was jointly planned by the CAF and the defendants.
		Plaintiffs alleged that Coca-Cola is jointly and severally liable for all the acts of its subsidiaries and/or vicariously liable for the acts of its alleged agents, the paramilitary units.
		Plaintiffs claimed that the defendants were liable under the ATP for torture, kidnapping, unlawful detention, crimes against humanity, and denial of the right to associate and organize; under the TVPA for torture and extrajudicial killing; and for various domestic torts.
	www.usaengage.org /legislative/2003/alientort/alientorttpcases.html (6084 words)

	Human Rights First \| International Justice - Alien Tort Claims Act
		Claims made in recent years, including by the current Department of Justice, that Congress had to separately authorize a private cause of action have been rejected repeatedly by the courts and fly in the face of the ATCA’s history and purpose.
		ATCA cases are expensive to pursue, and there is no guarantee of relief at the end of the day.
		Its claims that the ATCA does not provide a cause of action for violations of the “law of nations”; relies on a selective and distorted reading of both law and history.
	www.humanrightsfirst.org /international_justice/w_context/w_cont_13.htm (3277 words)

	Alien Tort Claims Act
		Thus, the fact that McDermott labels his claim as intentional infliction of emotional distress and recites the elements of that tort in support of his action does not shield the action from the statutory bar.
		By using this analysis, we effectuate that intent and foreclose a revival of the abolished tort of alienation of affection asserted in the guise of an action for intentional infliction of emotional distress.
		Defendant moved to dismiss on the ground that the claim was barred by the state’s abolition of the actions for alienation of affections and criminal conversation.
	cyber.law.harvard.edu /torts3y/readings/update-a-02.html (5594 words)

	Alien Tort Statute - Wikipedia, the free encyclopedia
		It was generally considered to include torts which occurred during acts of piracy, violations of safe-conducts, or interference with the rights of ambassadors.
		Most frequently, it is used by plaintiffs as a basis for jurisdiction for claims involving torts arguably in violation of modern international law.
		If the defendant in a claim brought under the Alien Tort Statute is a foreign sovereign state (or some agency or subdivision thereof), the jurisdictional requirements of the Foreign Sovereign Immunities Act still must be satisfied before a court can hear the claim.
	en.wikipedia.org /wiki/Alien_Tort_Claims_Act (646 words)

	The Buck Stops Here: Alien Tort Claims Act (Site not responding. Last check: 2007-09-17)
		The ATCA only began to be used as a tool for human rights litigation in 1979.
		The case and ruling were cited in the passing of the Torture Victim Prevention Act of 1991.
		By contrast, the outburst of cases brought by activists in the United States since 1980 using the 1789 Alien Torts Act, under which aliens can even sue aliens in the U.S. courts for a tort committed in violation of international law, is exactly the wrong way to go.
	stuartbuck.blogspot.com /2004/09/alien-tort-claims-act.html (318 words)

	ASIL Insight: Alien Tort Claims Act re R. Mugabe
		In 1995 an ATCA suit against Radovan Karadi, the president of the self-proclaimed republic of Srpska in Bosnia-Herzegovina, was allowed to proceed, but the United States had never recognized the legitimacy of a state of Srpska and the case thus would be distinguishable from the current one.
		Most federal courts that have applied the ATCA have treated it as incorporating rules of international law as federal rules of decision on which plaintiffs may base their claims for monetary damages.
		Another argument might be based on the federal act of state doctrine, which precludes courts in this country from inquiring into the validity of the public acts of a recognized foreign sovereign committed within its own territory.
	www.asil.org /insights/insigh50.htm (1305 words)

	HRW: Background on the Alien Tort Claims Act (Site not responding. Last check: 2007-09-17)
		Passed in 1789, the ATCA grants jurisdiction to U.S. federal courts to hear complaints by foreign nationals for torts in violation of the law of nations or a treaty of the United States.”;
		ATCA and TVPA cases provide a U.S. forum for victims to tell their stories to a court and can create a judicial record of their suffering.
		Under the ATCA and the TVPA, cases have been brought against the former dictator of Haiti, Prosper Avril; the self-proclaimed leader of the Bosnian Serbs, Radovan Karadzic; a Guatemalan defense minister and Indonesian military officials, among many others.
	www.hrw.org /campaigns/atca/intro.htm (534 words)

	Doe v. Unocal
		As to that Act, I agree with the majority that material factual disputes exist regarding plaintiffs’ claims for forced labor used in connection with the Yadana Pipeline Project.
		The text of the Alien Tort Claims Act states only that federal courts have jurisdiction over torts constituting a violation of the law of nations.”; It is thus clear from the face of the statute that international law applies to determine whether a violation has occurred.
		It is the rare Alien Tort Claims Act case that does not involve a foreign state or official as a defendant.
	www.thailawforum.com /database1/unocal7.html (2704 words)

	NOW with David Brancaccio. Politics & Economy. The Alien Tort Claims Act . Debate \| PBS
		For example, the ATCA might be called upon when a company's materials were used in U.S. military campaign.
		The use of excessive force - or complicity in its use - by law enforcement agencies is at the root of many of the cases brought under the Act.
		Harvard Cyberlaw — The Alien Tort Claims Act
	www.pbs.org /now/politics/alientortdebate.html (973 words)

	Alien Tort Claims Act of USA (Site not responding. Last check: 2007-09-17)
		Karadzic, that the ATCA reaches the conduct of private parties provided that their conduct is undertaken under the color of state authority or violates a norm of international law that is recognized as extending to the conduct of private parties.
		The TVPA thus recognizes explicitly what was perhaps implicit in the Act of 1789 – that the law of nations is incorporated into the law of the United States and that a violation of the international law of human rights (at least with regard to torture) is ipso facto a violation of U.S. domestic law.
		The plaintiffs asserted that in addition to the ATCA, the 1991 passage of the Torture Victim Prevention Act, 28 U.S.C. App, argued for keeping the cases in the United States.
	www.sangam.org /JANAKA/ATCA.htm (971 words)

	Alien Tort Claims Act, 28 U.S.C. § 1350 (Bancoult v. McNamara, Diego Garcia)
		Alien Tort Claims Act, 28 U.S.C. codifying Judiciary Act of 1789, § 9 (Sept. 24 1789), 1 Stat.
		These being the jurisdictional elements of the ATCA, the U.S. Court plainly has subject-matter jurisdiction to hear their complaint, despite the fight under the Federal Tort Claims Act.
		This ATCA is fraught by the same issue plaguing the previous discussion, about the FTCA, namely: the determined refusal of the United States to permit itself to be sued for money damages for its wrongdoings, except for the bits and pieces Congress consents to (‘sovereign immunity’).
	homepage.ntlworld.com /jksonc/bancoult-atca.html (3313 words)

	Law.com - High Court to Hear Alien Tort Claims Act Arguments
		The Alien Tort Statute, also known as the Alien Tort Claims Act, originally appeared in Section 9 of the first Judiciary Act of 1789, which created the U.S. judicial court system.
		Her lawyers, Rhonda Copelon and Peter Weiss, argued that just as piracy was a violation of the law of nations when the act was enacted, torture was a crime against the law of nations in 1979.
		In the high court, Phillips, counsel to Sosa, argues that the Alien Tort Claims Act is strictly jurisdictional in nature.
	www.law.com /jsp/article.jsp?id=1080334941778 (1464 words)

	HRW: Defend the Alien Tort Claims Act (Site not responding. Last check: 2007-09-17)
		The Alien Tort Claims Act is one of the only tools Americans have to make human rights abusers pay for their actions.
		The ATCA was written in 1789, one of the first laws of the new American republic.
		So the ATCA grants U.S. courts jurisdiction in any dispute where it is alleged that the “law of nations,”; or international laws, are broken.
	www.hrw.org /campaigns/atca (790 words)

	Alien Torts Claims Act - Global Policy Forum - International Justice
		Because of challenges to plaintiffs suing under the Alien Tort Claims Act, such as the protection of world leaders by sovereign immunity, the actual impact of ATCA suits has been generating publicity and stirring up politics more than anything else.
		Cabello’s relatives sued under the Alien Tort Claims Act, and a jury awarded the verdict in 2003 in what amounted to the nation’s first ruling by a US jury for crimes against humanity.
		DaimlerChrysler AG faces charges under the Alien Tort Claims Act over its alleged role in the disappearance and torture of workers and union leaders during Argentina’s "Dirty War." The plaintiffs argue that the disappearances "were carried out by state security forces acting under the direction and collaboration" of Mercedes Benz Argentina.
	www.globalpolicy.org /intljustice/atca/atcaindx.htm (1326 words)

	CNN.com - Is the Alien Tort Claims Act a powerful human rights tool? - Jul 12, 2004
		After a trial on Alvarez's ATCA claim against Sosa, a jury in Los Angeles awarded Alvarez $25,000 in damages for emotional distress.
		It was whether the ATCA would be available in the future to victims of genocide, slave labor, and other clear violations of international human rights.
		It is not because the ATCA was amended -- it wasn't.
	www.cnn.com /2004/LAW/07/12/sebok.alien.tort.claims (1718 words)

	Between Self-Regulation and the Alien Tort Claims Act: On the Contested Concept of Corporate Social Responsibility Law ...
		In all of these cases, plaintiffs have relied on the U.S. Alien Tort Claims Act (hereinafter ATCA) as the legal basis for their claims, thereby opening up debates concerning global corporate liability in its relationship to state sovereignty, international relations, and extraterritorial jurisdiction.
		Rather, ATCA cases are used here as illustrations of the way an overarching debate over the appropriate means for taming MNCs assumes shape and meaning in the course of concrete disputes.
		From this perspective, the main thesis of the article is that ATCA claimants operate as actors who try to consolidate the idea of CSR around legally binding duties.
	www.findarticles.com /p/articles/mi_qa3757/is_200412/ai_n9471544 (860 words)

	Nigeriaworld Feature Article - The growing trends of international human rights litigation in the U.S - A new dawn of ...
		In passing the Torture Victim Prevention Act [TVPA], Congress expressly ratified the U.S Court of Appeal's holding in Flatiga which was decided under the Alien Tort Act that the United States courts have jurisdiction over suits by aliens alleging torture under color of law of a foreign nation, and carried it significantly further.
		The number of cases that were decided under the Alien Tort Act, even after 1992 when the Torture Victim Protection Act was enacted, indicates the fact that the Torture Victim Protection Act does not supersede or override the provisions of Alien Tort Act.
		According to the court in Filartiga, the parity of suits successfully maintained under the Alien Tort Statute is readily attributable to the statute's requirement of alleging a "violation of the laws of nations" at the jurisdictional threshold.
	nigeriaworld.com /articles/2003/jan/042.html (4642 words)

	Toxic Tort Cases Claims Injury lawyers California (Site not responding. Last check: 2007-09-17)
		The Alien Tort Claims Act Frye is Alive and Well in California Trade Secrets in Toxic Torts Third Party Toxic Tort Cases Message in Lockheed: Expert Opinions Battery Claims in Toxic Tort Cases Dealing with Daubert in California The Furor over Junk Science More Legal Articles...
		"Toxic tort practitioners typically allege negligence and strict liability claims on behalf of their clients in toxic exposure cases, but it is uncommon for toxic tort lawyers to allege the plaintiff exposed to a toxic chemical is the victim of a battery.
		Alternatively, the defense claims that the plaintiff lacks evidence of general causation and that such lack of proof entitles the defense to summary judgment.
	www.toxictorts.com /articles.shtml (1444 words)

	SurfWax: News, Reviews and Articles On Tort Claims Act
		The claims were brought under the Alien Tort Claims Act, which has recently been used by human rights groups to sue multinational corporations for violations of international law in countries outside the United States.
		However, the appeals court said they were ineligible to bring the claim under the federal tort law because technically the claim fell under one of the maritime laws, and under that law they had exceeded the statute of limitations for filing a claim.
		The federal case, which relies on the 1789 Alien Tort Claims Act that was originally enacted to prosecute pirates, was reinstated in 2002 by the 9th Circuit Court of Appeals.
	www.lawkt.com /files/Tort_Claims_Act.html (5236 words)

	FindLaw's Writ - Sebok: The Supreme Court Confronts the Alien Tort Claims Act
		The ATCA authorizes foreign individuals to bring certain tort suits in the federal courts of the United States.
		In sum, for all these reasons, the argument that the ATCA -- despite almost 200 years of an understanding to the contrary -- is merely jurisdictional should be quickly rejected by the Court.
		The ATCA means exactly what it says, and if the Bush administration doesn't like it, it should explain to the American people--not the Supreme Court--why it should be changed.
	writ.news.findlaw.com /sebok/20040322.html (1812 words)

	InterContinental Cry / The Alien Tort Claims Act... (Site not responding. Last check: 2007-09-17)
		Corporations call the ATCA a faulty vector for greedy lawyers, and their lobbying has set the Bush administration and Capital Hill cronies on a quiet path to kill it.
		Once a legal nuisance, the beefing of ATCA as a human rights tool is a thorn for an administration that's naturally adverse to torts, cozy with corporations and sensitive to all things petroleum-related.
		Alvarez-Machain that ATCA was not to be a "catch all" corporate accountability law but that the door was ajar for egregious cases where acts clearly rise to defy international law.
	intercontinentalcry.mahost.org /forum/viewtopic.php?pid=173 (1509 words)

	Justices Weigh Alien Tort Act
		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.
		Represented by lawyers at the Center for Constitutional Rights, she filed a civil suit under ATCA and against Pena, seeking compensatory and punitive damages for her brother's torture and wrongful death.
		Her lawyers, Rhonda Copelon and Peter Weiss, argued that just as piracy was a violation of the law of nations when ATCA was enacted, torture was a crime against the law of nations in 1979.
	www.law.com /jsp/nlj/PubArticleNLJ.jsp?id=1080334938936 (1791 words)

	USA*Engage - Legislative Activities - Alien Tort Claims Act
		The suits were based on the Alien Tort Provision (ATP), an anti-piracy measure adopted as part of the Judiciary Act of 1789 and rarely used until the past two decades.
		In interpreting the Alien Tort Statute broadly, lower courts in recent decades have invited a raft of litigation over wrongs America's courts have no practical power to address.
		The paper details the potential use of the Alien Tort Statute (ATS) as being a logical outgrowth of current ATS lawsuits filed against corporations that have done business in nations accused of human rights abuses.
	www.usaengage.org /legislative/2003/alientort/index.html (1050 words)

	Human Rights First \| ATCA \| The Future of the Alien Tort Claims Act
		The Court determined that his claim — that his arrest and detention more than a decade ago violated international law - was not the kind of human rights violation that ATCA was intended to address.
		It is certainly possible that ATCA could be used in additional cases arising out of abuses in Iraq and elsewhere, although you can also be sure that both potential corporate and government defendants would mount aggressive defenses.
		The TVPA was a law that HRF worked for years to get enacted, in part because we recognized the value of providing some clarity concerning the 200-year old Alien Tort Claims Act — not to mention giving U.S. citizens the same right to seek relief for terrible abuses.
	www.humanrightsfirst.org /Issues/ATCA/qs_atca_biel_080404.htm (1579 words)

Try your search on: Qwika (all wikis)