| John F. Murphy - 2004 - 376 páginas
...This is the Alien Tort Claims Act (ATCA), which gives US district courts "original jurisdiction of any civil action by an alien for a tort only, committed...violation of the law of nations or a treaty of the United States."1 '' The ATCA was seldom invoked until 1980, when, in the landmark decision of Filartiga v.... | |
| Sarah Joseph - 2004 - 190 páginas
...HISTORICAL DEVELOPMENT OF THE ATCA The ATCA states: The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed...violation of the law of nations or a treaty of the United States.1 The ATCA was originally enacted as part of s 9 of the Judiciary Act in 1789, and lay largely... | |
| H. Victor Condä - 2004 - 436 páginas
...executions. The text itself reads: The District Courts shall have original jurisdiction of any civil action an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. Violations of internationally recogni/.ed human rights are meant to be remedied in national... | |
| David J. Levy - 2003 - 412 páginas
...§ 1350 ("ATCA"), an "alien" is authorized to bring a civil suit in a United States district court "for a tort only, committed in violation of the law of nations or a treaty of the United States." This statute has been used for suits by foreign citizens against individuals from around the... | |
| Sally W. Stoecker, Louise I. Shelley - 2005 - 174 páginas
...empowers the federal court to take jurisdiction over civil actions filed by aliens "based on a tort committed in violation of the law of nations or a treaty of the United States." However, ATCA has never been used in cases of trafficking victims.39 One of the most significant... | |
| Julie Mertus - 2004 - 276 páginas
...rights law.114 The ATCA allows federal courts to hear complaints by foreign nationals for civil wrongs in violation of the "law of nations" or a treaty of the United States.11" The torture involved in the Filartiga case, Weiss argued, was clearly against the "law of... | |
| Ken I. Kersch - 2004 - 404 páginas
...Alien Tort Claims Act (1789) gives federal courts jurisdiction "where an alien sues for a tort only in violation of the law of nations or a treaty of the United States." The Act was used to support federal jurisdiction in only two cases prior to Filartiga. The... | |
| Yves Beigbeder - 2005 - 258 páginas
...for the 1987 Criminal Code. USA The Alien Tort Claims Act of 1789 grants jurisdiction to US Federal Courts over 'any civil action by an alien for a tort...violation of the law of nations or a treaty of the United States'. This Act, initially conceived to fight against piracy, has been used in recent years by foreign... | |
| Andrew P. Morriss, Samuel Estreicher - 2005 - 1026 páginas
...provisions). 38 28 USC § 1350 (2000) (establishing cause of action and district court jurisdiction over 'any civil action by an alien for a tort only,...violation of the law of nations or a treaty of the United States'); see also MJ Wishnie, Immigrant Workers and the Domestic Enforcement of International Labor... | |
| Jennifer Gunning, Søren Holm - 2005 - 330 páginas
...established. The federal Alien Tort Claims Act 1789 gave to US district courts original jurisdiction of any civil action by an alien for a tort only, committed...violation of the law of nations or a treaty of the United States. It converts a violation of the international law of nations into a domestic tort actionable... | |
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