International Law: Alien Tort Statute

I'm currently researching international law in search of a capstone project for my final year. I recently sat down with the professor I likely will have as my advisor, as she is both the chair of the Law Department and the professor with the most international law experience. In this meeting, she let me borrow an International Business Law textbook, which is fantastic for me, and we reviewed a few potential topics.

I believe I will focus on the Alien Torts Statute (ATS), which actually is a fascinating piece of legislation. This statute was passed all the way back in 1789, and it was largely ignored for years. Over the past few decade, however, it has been being brought into the US Courts more than ever previously.

Though there have been many settlements and rulings (up to the Supreme Court) against the statute, with the rulings largely claiming that the ATS did not apply in that instance, there have been precisely zero occurrences of the ATS being supported in a court of law. Many rulings claim that the ATS only applies to three scenarios, but these three cases are yet to make it to our courts in recent years.

I am looking forward to doing an in-depth analysis of this along the lines of a law review. This is definitely something that should be reviewed and followed in coming years. I'll likely be adding more information on it here in the near future, since I will be researching it often.

A few related articles for your browsing pleasure:

• No Corporate Liability under Alien Tort Statute? (professorbainbridge.com)
• "Perhaps [American Courts] Should Have Mediated the French Revolution" (volokh.com)
• Breaking: 2nd Circuit Rules No Corporate Liability in Alien Tort Statute Cases (volokh.com)
• Torture Ruling Bars 'Alien Tort' Claims on Companies (businessweek.com)
• Companies Immune From Alien Tort Suits, Court Rules (businessweek.com)
• Alien torts: Trial trails (economist.com)
• Court Dismisses Rights Case Against Shell (nytimes.com)
• U.S. judges dismiss Nigerians' case against Shell (reuters.com)
• Govt could breach international law (news.theage.com.au)
• Further Thoughts on Today's Second Circuit ATS Decision on Corporate Liability (volokh.com)