Transnational Human Rights Litigations: Kiobel’s Touch and Concern: A Test Under Construction

HURI-AGE, Vol. 1, 2016

40 Pages Posted: 16 Apr 2016

Date Written: April 14, 2016

Abstract

In recent years, the international debate on Transnational Human Rights Litigation has mainly focused, although not exclusively, on the role of the Alien Tort Claims Act as a way of redress for serious Human Rights violations. This Act has given the possibility of granting a restorative response to victims, in a Country, such as the United States of America, that assumes the defense of an interest of the International Community as a whole: to guarantee the access to justice to the aforesaid victims. The purpose of this article is to analyze the recent and restrictive position on this Act of the Supreme Court of the United States, in the Kiobel case, and especially when, as a means of modulating the limitative doctrine affirmed there, the Touch and Concern test was introduced. It has generated from its very inception a strong discussion amongst international legal scholars and also great repercussions concerning the practice of the U.S. District and Circuit Courts.

Keywords: Transnational Human Rights Litigation; Alien Tort Claims Act; Kiobel Case; Touch and Concern Test; Access to Justice

Suggested Citation

Marullo, Maria Chiara and Zamora Cabot, Francisco Javier, Transnational Human Rights Litigations: Kiobel’s Touch and Concern: A Test Under Construction (April 14, 2016). HURI-AGE, Vol. 1, 2016, Available at SSRN: https://ssrn.com/abstract=2765068

Maria Chiara Marullo (Contact Author)

Jaume I University ( email )

Castellon, Castellón de la Plana 12071
Spain

Francisco Javier Zamora Cabot

Jaume I University ( email )

Castellon, Castellón de la Plana 12071
Spain

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