Other areas of law

The Alien Tort Statute is unique in American jurisprudence in that it relies heavily on foreign law. The law itself was an effort to conform with international norms, particularly with diplomats, rights to property and piracy. For the majority of the statutes history these three areas were all that were encompassed.

However, with the passage of Filartiga v. Pena-Irala and other ATS suits, both prior and post, have expanded area of laws that can be viewed when determining torts that are in violation of the law of nations. For example, in the United States courts have looked at domestic law, Torture Prevention Act and at international law, Universal Declaration of the Rights of Man or the Convention Against Torture.

Domestic law will be given preference, however, that does not detract from the power of international law. Furthermore, more weight will be given to laws that codify and create an enforceable instrument as opposed to laws or declarations that speak of broad principles (text that is aspirational).

This blog in the future will look at many of these possible sources of international law ranging from the Convention Against Torture to the International Criminal Tribunal of Rwanda to the International Criminal Court. The sources of inspiration for expanding the scope of torts in violation of the law of nations is enormous.