Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here


Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter focuses on remedies under the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA). Past ATS judgments have awarded compensation for physical injury, pain and suffering, lost income, and property damage, as well as hefty punitive damages. Post-Sosa, the courts apply a federal common law approach that also mandates awards of both compensatory and punitive damages. Experience with injunctive relief in human rights cases has been limited. Requests for injunctive relief for conduct occurring outside the United States may trigger the political question and act of state doctrines. The chapter discusses the difficulties of attaching or otherwise freezing assets before judgment. It also discusses enforcing judgments in the United States and the more difficult task of enforcing a judgment in another country.

Keywords: Alien Tort Statute (ATS); human rights cases; injunctive relief; Torture Victim Protection Act (TVPA); United States



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    International Human Rights Litigation in U.S. Courts — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation