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Articles 1 - 3 of 3
Full-Text Articles in Torts
The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, Lorelle Londis
The Corporate Face Of The Alien Tort Claims Act: How An Old Statute Mandates A New Understanding Of Global Interdependence, Lorelle Londis
Maine Law Review
In the past thirty-five years, international human rights lawyers and, more recently, international environmental lawyers, have been invoking the Alien Tort Claims Act (ATCA) as a tool to prosecute human rights abuses committed abroad by transnational corporations (TNs) in U.S. federal courts. The ATCA provides: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” Although plaintiffs' lawyers have experienced some success in the human rights context, most claims of environmental abuses have failed. In all these …
Aviation Law-Personal Injury-The Warsaw Convention, As Modified By The Montreal Agreement, Does Comprehend, And Thus Supplies The Exclusive Relief For, Mental And Psychosomatic Injuries., Lee C. Mundell
Georgia Journal of International & Comparative Law
No abstract provided.
A Matter Of Policy: United States Application Of The Law Of Armed Conflict, Chris Jenks
A Matter Of Policy: United States Application Of The Law Of Armed Conflict, Chris Jenks
Faculty Journal Articles and Book Chapters
To what extent does the law of armed conflict (LOAC) apply to the United States military fighting in armed conflicts? Though the question seems straightforward enough, the answer is anything but. This article explains, in general, why the answer is imprecise and unsatisfying as applied to the most prevalent type of contemporary armed conflict, non-international. More specifically, this article argues that the U.S. government's primary response of claiming to apply LOAC as a matter of policy when and where that law wouldn't otherwise apply is superficially persuasive but not substantively responsive.