C.Alien Tort Claims Act
(“ATCA”) at 28 U.S.C. §1350 – passed by U.S. Congress over 200 years ago.
D.ATCA states – “The
district courts will 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.”
E.Foreign plaintiffs
bringing envtl. claims in U.S. federal courts under ATCA may only proceed if cause of action is cognizable under some form of international law, either treaty law or customary international law (“CIL”).
F.Growing sense that U.S.
Corporations allegedly committing envtl. torts abroad should
be held accountable to ensure not abusing less stringent
standards abroad.
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