Abstract

http://ssrn.com/abstract=2084704
 
 

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Kiobel Amici Curiae Brief of Law of Nations Scholars


Anthony J. Colangelo


Southern Methodist University - Dedman School of Law

Anthony D'Amato


Northwestern University - School of Law

June 11, 2012

Northwestern Public Law Research Paper No. 12-18
SMU Dedman School of Law Legal Studies Research Paper No. 117

Abstract:     
The question presented is “whether and under what circumstances the Alien Tort Statute, 28 U.S.C. § 1350, allows courts to recognize a cause of action for violations of the law of nations occurring within the territory of a sovereign other than the United States.” In this Amicus Brief we argue from a historical perspective going back to the Middle Ages that when the law of nations is in issue, not only is there no presumption against extraterritoriality, but jurisdiction over causes of action arising abroad is in many cases required. More specifically, we argue that Congress affirmatively conferred universal jurisdiction in the Alien Tort Statute [“ATS”] under the law of nations, and that to refuse such jurisdiction in cases of denial of justice would be contrary to longstanding principles of the law of nations. In short, limiting the ATS to claims arising in U.S. territory would contravene both the statute’s clear indication of universal jurisdiction and the Charming Betsy canon of construction that statutes should not be construed to violate the law of nations.

Number of Pages in PDF File: 41

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Date posted: June 15, 2012 ; Last revised: February 14, 2013

Suggested Citation

Colangelo, Anthony J. and D'Amato, Anthony, Kiobel Amici Curiae Brief of Law of Nations Scholars (June 11, 2012). Northwestern Public Law Research Paper No. 12-18; SMU Dedman School of Law Legal Studies Research Paper No. 117. Available at SSRN: http://ssrn.com/abstract=2084704 or http://dx.doi.org/10.2139/ssrn.2084704

Contact Information

Anthony J. Colangelo (Contact Author)
Southern Methodist University - Dedman School of Law ( email )
P.O. Box 750116
Dallas, TX 75275
United States
2147682372 (Phone)
Anthony D'Amato
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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