Related Article: Alvarez-Machain V. United States and Alvarez-Machain V. Sosa: The Brooding Omnipresence of Natural Law
47 Pages Posted: 22 Oct 2007
Alvarez Machain was wrongly decided because the Supreme Court rejects natural law arguments out of hand. Natural law and positive law are not dichotomous. They are complementary. The Supreme Court will eventually be forced to review all cases rejecting arguments due to a rejection of natural law.
Keywords: Alvarez, Machain, ATS, alien tort statute, natural law, IUS, naturale lex naturalis
JEL Classification: K33
Suggested Citation: Suggested Citation