Alien Tort Claim Act

Paper Summary:

In this article, the writer notes that in order to have a proper view on the importance of the Alien Tort Claim Act, a closer analysis must be taken into consideration. In this sense, the writer points out that the history of the Act in itself may point to the actual necessity for the drafting of the legislation. Also, the writer looks at points which might shed light on the usefulness of the Act as well as on the philosophical discussion on the relationship between civil and political rights and the economic, social, and cultural ones. The writer discusses that the Alien Tort Claim Act takes into consideration the violations of human rights made by multinational companies or different agencies around the world.

From the Paper:

"Speaking in general terms, it is rather hard to determine the extent to which a non binding type of protection is more efficient than a binding one. A possible combination of the two systems of protection can be said to benefit more than an actual separation or differentiation because the protection considered by multinational companies or national legislation on the other hand appears to be more efficient due to the fact that their goals are limited but also their resources, financial and legal, are stronger.
"The UN protection system has been set in place in order to give general guidelines on the proper practices that should be followed to insure a minimum standard of human rights protection. The UN Charter, along with subsequent documents that came to underline particular aspects of the document are relevant for pointing out the minimum requirements any system, political or corporate, must meet."

Sample of Sources Used:

• "Alien Tort Claim Act". Harvard Law Project. N.d. 11 December 2007 http://cyber.law.harvard.edu/torts3y/readings/update-a-02.html
• "The United Nations International Covenant On Economic, Social And Cultural Rights". 1966. Human Rights Web. 1997. http://www.hrweb.org/legal/escr.html
• Amnesty USA. Indonesia. 2000. 11 December 2007 http://www.amnestyusa.org/justearth/indonesia.pdf
• Bandman, Bertram. "Do Future Generations Have the Right to Breathe Clean Air? A Note". Political Theory Vol. 10, No. 1 (Feb., 1982), pp. 95-102.
• Baue, Bill. "To Avoid Risk of Alien Tort Claims Act Cases, Companies Must Improve Human Rights". Global Policy Forum. August 17, 2007. 11 December 2007 http://www.globalpolicy.org/intljustice/atca/2007/0817improverights.htm

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