Georgetown Journal of International Law

Founded in 1968, the Georgetown Journal of International Law, formerly Law and Policy in International Business, is a professional journal published quarterly by the Georgetown University Law Center. Articles are geared toward lawyers and international businesspeople and topics include Law, International Business and Economics and International Affairs.

Articles from Vol. 43, No. 4, Summer

Accepting Sosa's Invitation: Did Congress Expand the Subject Matter Jurisdiction of the Alien Tort Statute in the Military Commissions Act?
A. Incorporating Piracy by Express Reference to International Law In 1819, Congress reacted to Palmer by enacting a new statute that attempted to circumvent the jurisdictional difficulties the Court had identified in Section 8 of the Crimes Act...
Big Pharma's Heart of Darkness: The Alien Tort Statute and Preventing Clinical Trial Colonialism
TABLE OF CONTENTS I. INTRODUCTION II. THE GLOBALIZATION OF U.S. CLINICAL TRIAL RESEARCH A. An Increase and an Explanation: Profit-Driven Motives 1. Differences in FDA Requirements Encourage Globalization of Clinical Trial...
Corporate Liability for Human Rights Abuses: Analyzing Kiobel & Alternatives to the Alien Tort Stature
TABLE OF CONTENTS I. INTRODUCTION II. ATS LITIGATION: Tim SECOND WAVE III. KIOBEL: ANALYSIS AND IMPLICATIONS A. International Law and the Scope of Corporate Liability 1. International Tribunals 2. International Treaties ...
Corporate Liability under Customary International Law
The Alien Tort Statute (ATS) grants U.S. district courts jurisdiction over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." (1) In Sosa v. Alvarez-Machain, (2) the Supreme...
Economic Implications of the Alien Tort Statute
I. INTRODUCTION The present context for discussing the impact on business of lawsuits under Alien Tort Statute (ATS) (1) is the Supreme Court's consideration of Kiobel v. Royal Dutch Petroleum Co. (2) The Court's decision on the core issue of corporate...
Europe in Need of a New Deal: On Federalism, Free Market, and the Right to Strike
C. The Right to Strike During the New Deal By the mid-1930s, however, the Lochner-era doctrines were no longer tenable. (242) Although the U.S. Congress had already intervened during the early decades of the twentieth century in the regulation of...
Human Rights Litigation and International Trade and Investment: Deterring Destructive Engagement and Rewarding Good Behavior
From time to time, business interests argue that allowing lawsuits against corporations under the Alien Tort Statute (ATS), (1) and other human rights litigation is bad for business: that it harms international trade and investment that is necessary...
If the Shoe Does Not Fit: Why the ATS Does Not Work
Generally speaking, international law regulates the conduct of states in their relations with each other and in their relations with individuals within their jurisdictions. Of course, individuals may also be subject to international law. This is most...
Judging Torture: Lessons from Israel
With FOREWORD by JUDGE STEPHEN R. REINHARDT FOREWORD REWORD I. INTRODUCTION AND OVERVIEW A. Introduction B. Historical Overview: Executive Abuses and Judicial Indifference C. Israel: The Paradigm Test Case D. Limitations ...
Kiobel's New Focus on Extraterritoriality under the Alien Tort Statute Could Put Resolution of the Corporate Liability Issue Indefinitely out of Reach
A large part of White & Case LLP's litigation practice lies in the representation of foreign interests sued in U.S. courts. Foreign corporations are concerned about their ability to anticipate their U.S. litigation and regulatory enforcement risk,...
Not Everything Is as Easy as a French Press: The Dangerous Reasoning of the Seventh Circuit on Proof of Foreign Law and a Possible Solution
TABLE OF CONTENTS I. INTRODUCTION II. PROOF or FOREIGN LAW IN U.S. COURTS III. FEDERAL RULE OF CIVIL PROCEDURE 44.1 IV. RULE 44.1 IN PRACTICE: BODUM USA, INC. V. LA CAFETIERE, INC. AT THE DISTRICT COURT V. BODUM ON APPEAL A. Chief...
Prosecutor vs. Jean-Pierre Bemba Gombo: The Cumulative Charging Principle, Gender-Based Violence, and Expressivism
TABLE Or CONTENTS I. INTRODUCTION II. MULTIPLE OFFENDERS AND CUMULATIVE CHARGING III. THE BEMBA GOMBO JURISPRUDENCE A. The Confirmation of Charges Decision of June 15, 2009 1. Torture as a Crime against Humanity 2. War...
Remarks on the GJIL Symposium on Corporate Responsibility and the Alien Tort Statute
I. OVERVIEW Early in the Supreme Court oral arguments in Kiobel v. Royal Dutch Petroleum Co., (1) Justice Kennedy alerted the plaintiffs' lawyer that, for him, "the case turns on this: ... '[n]o other nation in the world permits its court[s] to...
Remarks on the GJIL Symposium on Corporate Responsibility and the Alien Tort Statute
So long as they incorporate (or act in the form of a trust), businesses will now be free to trade in or exploit slaves, employ mercenary armies to do dirty work for despots, perform genocides or operate torture prisons for a despot's political opponents,...
Resurrection Ecology and the Evolution of the Corporate Alien Tort Movement
I. INTRODUCTION Within the field of evolutionary biology, an emerging sub-field involves the study of the eggs of living organisms dating back hundreds, and sometimes thousands, of years. Scientists--or resurrection ecologists, as they are known--will...
Some Functions of Alien Tort Statute Litigation
The panel on "Trade, Investment, and Other Implications of ATS Litigation," part of the Georgetown Journal of International Law's 2012 Symposium on Corporate Responsibility and the Alien Tort Statute, invites us to take a broader perspective on transnational...
Some Thoughts on the Alien Tort Statute as the Supreme Court Considers Kiobel
I. INTRODUCTION In 2011, the Supreme Court granted certiorari in Kiobel v. Royal Dutch Petroleum Co. (1) to review the Second Circuit's holding that liability is not available under the Alien Tort Statute (ATS) (2) against artificial entities such...
Sosa V. Alvarez-Machain and the End of History
As the title suggests, I believe that the Supreme Court's decision in Sosa v. Alvarez Machain (1) essentially makes the Mien Tort Statute (ATS) 2 and its eighteenth-century backdrop irrelevant. Nevertheless, and notwithstanding my misgivings, there...
The Alien Tort Statute Circuit Split: Two Questions for the Supreme Court
TABLE OF CONTENTS I. INTRODUCTION II. THE CIRCUIT SPLIT: DEFINING CORPORATE LIABILITY ON TWO AXES A. The Kiobel Decision 1. The Y-Axis: Substantive Definition 2. The X-Axis: Narrow Definition B. The Flomo Decision...
The Alien Tort Statute, Federal Common Law, and Corporate Human Rights Litigation
The Alien Tort Statute (ATS) provides that the "district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." (1) Seldom have so few...
Why Shouldn't Corporations Be Liable under the ATS?
My question has a one-word answer: Congress. The explanation, however, takes a few pages. As nearly every reader of this Journal knows, the Alien Tort Statute (ATS) is a one-sentence law enacted by Congress in 1789 that reads: "[t] he district courts...