Origins of ATS

The origins of the ATS are up to some debate as the historical record is largely silent on what the original legislatures were thinking. Some scholars believe that the ATS was enacted to allow the federal courts of the United States to be able to prosecute violations of international law that posed a threat to international peace and national security. For example the various states were unable or unwilling to prosecute claims by the British and other States for damages stemming from the Wars of Independence. The failure to prosecute posed serious problems for the nation as Britain may have initiated military action to acquire the demanded resources.

The Marbois incident is indicative of the underlying theory behind the ATS. In 1784 the French Consul in Philadelphia was assaulted and it created significant barriers to U.S./French relations. When the Constitutional Convention convened three years later the Marbois incident would have been fresh on everyone's mind.

Other scholars claim the ATS was a "badge of honor" representing a commitment to uphold international norms. Whatever the origins of the ATS may be, the ATS has had a significant impact in recent history on the ability of the United States to impose international norms with domestic courts on aliens. Where the line is drawn has yet to be seen and is open to significant debate.