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Article

13 Jul 2012

Author:
Sarah Cleveland, Columbia Law School in SCOTUSblog

The Alien Tort Statute and the foreign relations fallacy

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Both law and policy support the exercise of Alien Tort Statute (ATS) jurisdiction over serious international law violations occurring in another country, within appropriate and established bounds. Even if the domestic presumption against extraterritoriality could be considered to apply to a jurisdictional statute like the ATS, the text, purpose, and history of the statute indicate that it is not territorially limited...Nor does international law impose any categorical bar to adjudicating international law violations arising in another country. The Westphalian idea that one state cannot meddle in the affairs of another has long since been eroded by international human rights and international criminal law, which have firmly established that egregious conduct within a state’s borders is not hermetically sealed from scrutiny. Instead, as the Sosa Court recognized, “modern international law is very much concerned with just such questions.”

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