Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign governments. A section on defenses includes analysis of topics such as immunities, forum non conveniens, and the intervention of the executive branch. The final section discusses litigation strategies.
The five authors have decades of experience with human rights litigation and have published dozens of articles about the topics covered in the book:
Beth Stephens, a law professor at Rutgers-Camden School of Law, has litigated international human rights cases with the Center for Constitutional Rights (CCR) and written extensively about the issues covered in this book. She is on the Board of Directors of the Center for Justice and Accountability (CJA).
Judith Brown Chomsky is a civil and human rights lawyer and a cooperating attorney with CCR. Her present practice focuses almost exclusively on international human rights cases.
Jennifer Green is a Senior Staff Attorney at CCR, where she specializes in international human rights legal actions in U.S. courts and international bodies. Much of her work focuses on international women's international human rights.
Paul Hoffman, a civil rights lawyer and partner in Schonbrun DeSimone Seplow Harris and Hoffman LLP, has litigated numerous human rights cases and argued
Sosa v. Alvarez-Machain in the U.S. Supreme Court. He is one of the co-founders of CJA.
Michael Ratner is President of CCR and has litigated numerous human rights cases throughout the world. He led CCR in its aggressive legal fight against the post-September 11 human rights violations.
Review of the First Edition:
In the breadth of its coverage and its passionate defense of the litigation option, the book offers an unprecedented point of entry as domestic courts confront the next generation of human rights violations.
– Ralph G. Steinhardt, review of
International Human Rights Litigation in U.S. Courts, by Beth Stephens and Michael Ratner,
The American Journal of International Law, Vol. 91, No. 4 (Oct., 1997), p. 757.
Table of contents
PART I: THE ALIEN TORT STATUTE (ATS)
Chapter 1: The Alien Tort Statute (ATS): From 1789 to
Filártiga, Sosa, and Beyond
Chapter 2: Understanding the Alien Tort Statute (ATS): The Analytic Framework
Chapter 3: Plaintiffs, Defendants, and Violations in Alien Tort Statute (ATS) Suits
PART II: OTHER BASES FOR SUIT
Chapter 4: The Torture Victim Protection Act (TVPA)
Chapter 5: Jurisdiction Over States: The Foreign Sovereign Immunities Act (FSIA)
Chapter 6: Other Grounds for Human Rights Litigation
PART III: ACTIONABLE HUMAN RIGHTS VIOLATIONS
Chapter 7: Historical Paradigms, Modern Violations
Chapter 8: Treaty Violations
PART IV: PARTIES
Chapter 9: The Plaintiff: Who Can Sue?
Chapter 10: Who Can Be Sued I: Personal Jurisdiction and Theories of Liability
Chapter 11: Who Can Be Sued II: U.S. and Local Government Defendants
Chapter 12: Who Can Be Sued III: Corporations
PART V: DEFENSES AND IMMUNITIES
Chapter 13: Foreign Affairs and Separation of Powers
Chapter 14: Immunities
Chapter 15: Miscellaneous Defenses
Chapter 16:The Role of the Executive Branch
PART VI: LITIGATION
Chapter 17: Preparing and Filing a Manageable Case
Chapter 18: After the Complaint Is Filed and Served
Chapter 19: Discovery
Chapter 20: Proving a Case
Chapter 21: Remedies
PART VII: HISTORICAL JUSTICE CLAIMS
Chapter 22: Historical Justice Claims
Legal practitioners, scholars, students, and human rights activists.