The Human Rights Injunction: Equitable Remedies Under the Alien Tort Claims Act

Abstract

A properly structured human rights injunction may be used judiciously to promote human rights goals without sacrificing doctrinal legitimacy. In the 1960s era of civil rights litigation in the United States, the 'civil rights injunction' was a key vehicle of structural reform. A 'human rights injunction' under the Alien Tort Statute, with certain features to ensure comity and enforceability, can serve an analogous role in the context of transnational public law litigation.

Keywords: human rights, alien tort statute, injunction, public law, international law, comity