ATS abuse

There are some groups who view the ATS as a negative thing. The logic is that the ATS allows aliens to sue other aliens or corporations on grounds that a U.S. citizen could not claim. They further claim that it is a deterrent to multinational corporations from working in the United States if they face liability for something they may have done half-way around the globe. Furthermore, in order for a court to determine what is a tort in the violation of international norms a court must look at sources that are outside the United States and thereby diluting American jurisprudence and independence.

While each of these arguments are somewhat valid they do ignore key facts. In short, U.S. citizens generally have the same if not more rights than an alien suing in federal court; multinationals may face potential liability but given the general protections provided to corporations this argument seems weak; our courts have already been looking at international norms to determine international issues.