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Full-Text Articles in Law
Managing Regulatory Arbitrage: An Alternative To Harmonization, Annelise Riles
Managing Regulatory Arbitrage: An Alternative To Harmonization, Annelise Riles
Cornell Law Faculty Publications
This policy-oriented article argues for deploying conflict of laws doctrines as a tool of coordination in international financial governance.
The Alien Tort Statute And The Law Of Nations In Kiobel And Beyond, Anthony J. Colangelo
The Alien Tort Statute And The Law Of Nations In Kiobel And Beyond, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
In Kiobel v. Royal Dutch Petroleum the U.S. Supreme Court wrongly applied a presumption against extraterritoriality to claims authorized by the Alien Tort Statute (ATS). Even assuming such a presumption properly could extend to the ATS and claims authorized thereunder, the presumption is easily overcome by Congress’s unambiguous instruction that the statute encompasses violations of “the law of nations,” which includes both substantive and jurisdictional components — including principles of extraterritorial jurisdiction. Early 19th Century case law and congressional reaction thereto clearly demonstrate that Congress expressly invoked “the law of nations” to overturn the Court’s imposition of a limiting presumption …