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Full-Text Articles in Law

Genocide And Jurisdiction: Methods For Achieving Justice Domestically For The International Crimes In Darfur, Matthew N. Thomas Oct 2007

Genocide And Jurisdiction: Methods For Achieving Justice Domestically For The International Crimes In Darfur, Matthew N. Thomas

Matthew N. Thomas

The international community as a whole has been reluctant to take action against Sudan for the international crimes being committed in Darfur. However, individual nations, including the United States, have expressed a strong interest in taking proactive measures to achieve justice for those atrocities. Victims of the Sudanese conflict may achieve justice through the domestic courts of the United States. Civilly, the Alien Tort Statute provides a cause of action to foreign citizens for torts committed against them in violation of international law, while the exceptions to the Foreign Sovereign Immunity Act permit personal jurisdiction over individuals acting on behalf …


Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe Jan 2007

Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe

Michigan Journal of International Law

This Article challenges the universalist theory of international law upon which federal incorporation of CIL and international human rights litigation rely. It unpacks the international relations (IR) theory paradigms that support the universalist theory, and discusses a competing theory that views state compliance with international law as a function of national self-interest. Working from this perspective, it proposes a framework to evaluate the wisdom of federal incorporation of CIL and the wisdom of international human rights litigation. The framework suggests that federal incorporation of CIL generates sovereignty costs for the United States, and that international human rights litigation complicates the …


Can Plaintiffs Use Multinational Environmental Treaties As Customary International Law To Sue Under The Alien Tort Statute?, Bradford Mank Jan 2007

Can Plaintiffs Use Multinational Environmental Treaties As Customary International Law To Sue Under The Alien Tort Statute?, Bradford Mank

Faculty Articles and Other Publications

The Alien Tort Statute (ATS) provides that the district courts shall have original jurisdiction over 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. Several decisions have rejected environmental claims under the ATS because they read the ATS narrowly to protect only the most fundamental international human rights such as those prohibiting torture or war crimes and have been unwilling to accept broader claims to a right to life or a healthy environment. In 2002, in Sarei v. Rio Tinto PLC, the District Court …


Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia Jan 2007

Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia

Journal Articles

In his paper "International Human Rights in American Courts," Judge Fletcher concludes that Sosa v. Alvarez-Machain “has left us with more questions than answers.” Sosa attempted to adapt certain principles belonging to the "general law" to a post-Erie positivistic conception of common law while maintaining fidelity to certain historical expectations. “[I]t would be unreasonable,” the Court thought, “to assume that the First Congress would have expected federal courts to lose all capacity to recognize enforceable international norms simply because the common law might lose some metaphysical cachet on the road to modern realism.” The Court was unwilling, however, out …