Alien Tort Litigation and the Prescriptive Jurisdiction Fallacy

Abstract

This essay argues that U.S. courts hearing cases under the Alien Tort Statute do not exercise jurisdiction to prescribe but rather jurisdiction to adjudicate. It concludes that neither international law limitations on jurisdiction to prescribe nor the domestic presumption against extraterritoriality properly apply to the ATS.

Keywords: Alien Tort Statute, jurisdiction to prescribe