Civil International Law Flashcards
Alien Tort Statute
Fed ct has original jurisdiction over claims of violation of international law or law of nations everywhere
Limits on ATS (2)
forum non conveniens
plaintiff diplomacy
History of ATS
- enacted to deal with pirates and diplomats
- not really used until 1970s for lawsuits against individuals on human rights abuses
can international corporations be sued under the ATS? Jesner
No, use other states courts
can only use individuals under ATS
Does ATS have exterritorial reach? Kiobel
Presumption against extraterritoriality and ATS does not refute
Must touch and concern the US
- violation occurs in the US
- decision leading to violence occurs in the US
- defendant has emigrated to the US
RICO civil extraterritoriality
harm must occur in the US
Foreign Sovereign Immunities Act
protects foreign sovereigns from being sued by individuals
does not create a private right of action
exceptions to the Foreign Sovereign Immunities Act
- commercial activities
- takings, expropriations
- material support of terrorism
- jus cogens norms
Does FSIA protect individuals?
No, even if acting in professional capacity
Commercial Activities Exception to FSIA
foreign govts engaging in commercial activities can be sued, but need sufficient connection to US
how are cases brought to the ICJ?
- both states agree
- treaty has clause to go to ICJ in case of dispute
- grant of general jurisdiction - only if both states have granted ICJ general jurisdiction
Does the ICJ give advisory opinions?
Yes - most cases are binding, but does give advisory opinions clarifying international law
examples of ICJ advisory opinions
nuclear weapons - only in self-defense
israeli/palestine conflict - palestine not a state so couldn’t sue
US requirements for domestically enforcing foreign decisions
foreign court ruling must be conclusive and foreign court must be fair
