The ATS Cause of Action is Sui Generis

The Kiobel v. Royal Dutch Petroleum Co. decision by the U.S. Supreme Court leaves the federal courts with the decision of whether any significant aspect of the common law tort for violations of international law will survive. The Alien Tort Statute (ATS) is a subject matter jurisdiction statute and does not create a statutory cause of action.

The topics covered in this article include; subject matter jurisdiction distinctions; the U.S. Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co.; and situations which justify an extraterritorial remedy.