Cardozo Journal of International and Comparative Law
Abstract
The note examines the evolution and effectiveness of the Alien Tort Claims Act (ATCA) and related legislation, such as the Antiterrorism and Effective Death Penalty Act (AEDPA), in addressing human rights violations. It argues that while the ATCA has been a groundbreaking tool for litigating human rights abuses, its implementation has been inconsistent and often undermined by subsequent laws like the AEDPA, which fails to adequately account for international law obligations. The analysis highlights the tension between U.S. domestic law and global human rights standards, concluding that the AEDPA is flawed as a human rights enforcement mechanism and proposes a more nuanced approach to immunity law.
Disciplines
Human Rights Law | International Law | Jurisdiction | Labor and Employment Law | Law | Torts
Recommended Citation
Marc Rosen,
The Alien Tort Claims Act and the Foreign Sovereign Immunities Act: A Policy Solution,
6
Cardozo J. Int'l & Comp. L.
461
(1998).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol6/iss2/5
Included in
Human Rights Law Commons, International Law Commons, Jurisdiction Commons, Labor and Employment Law Commons, Torts Commons