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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

10.1163/ej.9781571053534.i-620.126
/content/books/10.1163/ej.9781571053534.i-620.126
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