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News: Let this region resound with the song of the Kitten Paw Happy-time, and be permeated with the smell of catnip and pine!

Author Topic: Wast's Constitutional Corner Series 3: International Law and Human Rights  (Read 1845 times)

Offline Wast

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TO BE FINISHED

http://www.scotusblog.com/2012/09/kiobel-v-royal-dutch-petroleum-whats-at-stake-and-for-whom/

This upcoming case has come to my attention. Admittedly, I've been oblivious to it until now, but its potentially of some importance (I feel obligated to make a serious post to counterbalance the great Houseboat Dispute).

The case concerns the Alien Tort Statute, or ATS (http://en.wikipedia.org/wiki/Alien_Tort_Statute), which among other things allows for civil suits relating to human rights violations to be brought in US District courts, even if the violation/plaintiff/defendant have no connection to the US. It in essence gives an opportunity for wronged plaintiffs in foreign countries without adequate judicial systems a means to have their case heard.

Is it appropriate though? I'm not sure. The term "legal colonialism" is thrown about, although that might be a bit harsh.