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Filartiga And The Development Of Transnational Litigation

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Chapter Summary

The Filartiga case established the viability of Alien Tort Statute (ATS) litigation and signaled the birth of transnational litigation in the United States. In 1991, Congress adopted the Torture Victim Protection Act (TVPA) to supplement the remedies available under the Alien Tort Statute. The TVPA establishes civil liability for acts of torture and extrajudicial killing committed abroad. The Anti-Terrorism Act (ATA) allows litigants to use final judgments or decrees rendered in U.S. or foreign criminal proceedings as determinative evidence of the underlying offense. The Foreign Sovereign Immunities Act (FSIA) is the sole basis for obtaining jurisdiction over a foreign state in U.S. courts. The Sosa decision is viewed as a success by both advocates and critics of Alien Tort Statute (ATS) litigation. Advocates of Alien Tort Statute (ATS) litigation view the decision as an affirmation of the Filartiga precedent.

Keywords: alien tort statute (ATS) litigation; anti-terrorism act (ATS); Development; Filartiga; foreign sovereign immunities act (FSIA); torture victim protection act (TVPA); transnational litigation



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