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Actionability Standards

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Chapter Summary

This chapter examines the various proffered standards in determining the torts which are implementable under Alien Tort Statute (ATS). It presents standards developed and shaped to carve out those norms of customary international which are actionable under ATS in the aftermath of the Filártiga v. Peña-Irala decision of the Court of Appeals for the Second Circuit. The chapter determines the guidance given to lower courts by the majority of the Supreme Court in the case of Sosa v. Alvarez-Machain.

Keywords: actionability standards; Alien Tort Statute (ATS); Alvarez-Machain; customary international law; Sosa



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