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2006

Human rights

Litigation

Articles 1 - 1 of 1

Full-Text Articles in Law

Safe-Conduct Theory Of The Alien Tort Statute, The , Thomas Lee Jan 2006

Safe-Conduct Theory Of The Alien Tort Statute, The , Thomas Lee

Faculty Scholarship

In this Article, Professor Lee introduces a novel explanation of the Alien Tort Statute (ATS) - a founding-era enactment that has achieved modern prominence as a vehicle for international human rights litigation. He demonstrates how the statute was intended to address violations of something called a "safe conduct" - a sovereign promise of safety to aliens from injury to their persons and property. The safe-conduct theory advances a new modern role for the ATS to redress torts committed by private actors - including aliens - with a U.S. sovereign nexus, and not for international law violations committed by anyone anywhere. In developing this ...