The Alien Tort Statute and the Judiciary Act of 1789
A Badge of Honor
Bibliographic Data
| ID | 9543533 |
|---|---|
| Authors | Anne-Marie Burley (corresponding author) |
| Year | 1989 |
| Volume | 83 |
| Issue | 3 |
| Pages | 461-493 |
| Publication date | 1989-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2203307 |
| OpenAlex | W2314863715 |
| Language | EN |
| Citations received | 13 |
The Alien Tort Statute, originally enacted as section 9 of the Judiciary Act of 1789, grants the district courts original jurisdiction over “any civil action by an alien for a tort only, committed in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.” In 1980 the United States Court of Appeals for the Second Circuit breathed new life into these little-used and somewhat mysterious provisions. The case was Filartiga v. Pena-Irala , in which a Paraguayan family brought suit against a former Paraguayan police chief for the torture and death of one of its members. The court upheld federal jurisdiction under the Alien Tort Statute. Finding state torture to be a violation of “modern international law,” it pronounced itself willing to enforce this law even as between aliens whenever personal jurisdiction could be obtained over the defendant
Alien · Alien Tort Statute · Citizenship · Exclusive jurisdiction · Honor · Human rights · Jurisdiction · Liability · Political science · State (computer science · Statute · Statute of limitations · Tort · Torture · Treaty · Corporate Law and Human Rights · International Law and Human Rights · Law · Torture, Ethics, and Law
My Name is Caterpillar
Human Rights Obligations of Non-State Actors
Private Actors and Public Governance Beyond the State
Mitigating Human Rights Risks Under State-Financed and Privatized Infrastructure Projects
The Evolving International Judiciary
Maritime Intercourse and the Commercial Origins of the Alien Tort Statute
The field of power of transnational law and the new democratic deficit
Moving towards Complicity as a Criterion of Attribution of Private Conducts
International Law Immunities and the International Criminal Court
Appraising a Century of Scholarship in the American Journal of International Law
Kiobel v. Royal Dutch Petroleum Co
Kiobel and the Surprising Death of Universal Jurisdiction Under the Alien Tort Statute
Influencing Enforcement
| Unique citing works | 13 |
|---|---|
| Citations per year | 0,57 |
| Citation span | 2003 - 2023 (21) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 12 |