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Alien Tort Claim Act

Written by: Jonathan H Levy

Reputation Level 19

Posted over 2 years ago. 1 helpful vote, 0 comments

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Treaties

Only self executing treaties can be used for the Alien Tort Claim Act Most treaties are not self executing..

Violations of International Law

A violation of international law must be universally accepted as such. Piracy is an example. Genocide is another example.

Other Issues

A large hurdle in Alien Tort Claim Act cases is jurisdiction. Most defendants are either foreign governments or corporations who are either immune or have no connections to the United States.

Recent Developments

Federal Courts have become reluctant to permit Alien Tort Claim Act cases to proceed. Plaintiffs must now demonstrate that no Local Remedy is available in another country.