The New Federal Common Law of Tort Remedies for Violations of International Law
Date
2006
Authors
Casto, William R.
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Journal ISSN
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Abstract
This essay is an analytical roadmap for future ATS litigation rather than a comprehensive analysis of all issues that may arise. A comprehensive analysis would require a book-length treatment or a series of lengthy law review articles. Rather than embarking upon an exhaustive-treatment of all past and future ATS litigation, this essay provides an overview of the Sosa v. Alvarez-Machain decisions’ guidelines and suggests an approach to understanding the interrelationships among federal statutory law, federal common law, and international law in ATS litigation.
Description
Keywords
federal common law, torts, international law, Alien Tort Statute, federal courts, Congress, cause of action, foreign relations, Sosa v. Alvarez-Machain
Citation
William R. Casto, The New Federal Common Law of Tort Remedies for Violations of International Law, 37 Rutgers L.J. 635 (2005-2006).