This paper explains the expansion of statutes of the Alien Tort Statute to cover international law violations related to torture and disappearances: Case studies, application of restraints, diplomatic immunity and jurisdiction.
Written in 1991; 2,250 words; 8 sources; $ 79.95
From the Paper:
"For nearly 200 years after the Alien Tort Statute was enacted in 1789, alien plaintiffs rarely implemented the Statute to acquire jurisdiction to bring an action based on international tort theory before the federal district courts. In the last 10 years, however, the Alien Tort Statute has been expanded to specifically encompass acts of torture and "causing disappearance" as violations of international law, while it has been construed narrowly within the constraints of the act of state doctrine, forum non conveniens, and the Foreign Sovereign Immunities Act.
The Alien Tort Statute provided that aliens were allowed to sue on a tort cause of action, arising solely from violation of the law of nations or a treaty of the United States. This jurisdictional grant was codified in 1982 at 28 U.S.C. ?1350 and ... "
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