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42 New Eng. L. Rev. 701 (2007-2008)
Holding Oil Companies Liable for Human Rights Violations in a Post-Sosa World

handle is hein.journals/newlr42 and id is 709 raw text is: HOLDING OIL COMPANIES LIABLE FOR HUMAN RIGHTS VIOLATIONS IN A POST-SOSA WORLD JAMES GOODWIN* AND ARMIN ROSENCRANZ** I. INTRODUCTION Beginning with the landmark 1980 decision of the Court of Appeals for the Second Circuit in Filartiga v. Pena-Irala, the Alien Tort Claims Act (ATCA),2 an obscure provision in the Judiciary Act of 1789, has become a powerful means for vindicating violations of internationally recognized human rights. Since Filartiga Was decided, the federal courts * James Goodwin is a member of the Maryland bar and a former student of Armin Rosencranz. ** Armin Rosencranz is a visiting professor of public policy and law at the University of Maryland. 1. 630 F.2d 876 (2d Cir. 1980). 2. 28 U.S.C. § 1350 (2000). The Alien Tort Claims Act is also often referred to as the Alien Tort Statute (ATS). See, e.g., LOUISE ELLEN TEITZ, TRANSNATIONAL LITIGATION 70-71 (1996). 3. The Alien Tort Claims Act of 1789, codified at 28 U.S.C. § 1350 (2000), states in its entirety: The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. For detailed discussions concerning the use of ATCA for vindicating internationally recognized rights, see generally Natalie L. Bridgeman, Human Rights Litigation Under the A TCA as a Proxy for Environmental Claims, 6 YALE HUM. RTs. & DEV. L.J. 1 (2003) (evaluating the potential of ATCA as a tool for vindicating environmental abuses committed by corporations); Anne-Marie Burley, The Alien Tort Statute and the Judiciary Act of 1789: A Badge of Honor, 83 AM. J. INT'L L. 461 (1989) (reviewing history of ATCA); William S. Dodge, The Historical Origins of the Alien Tort Statute: A Response to the Originalists, 19 HASTINGS INT'L & COMP. L. REV. 221 (1996) (examining historical understanding of ATCA); Richard L. Herz, Litigating Environmental Abuses Under the Alien Tort Claims Act: A Practical Assessment, 40 VA. J. INT'L L. 545 (2000) (evaluating the potential of ATCA as a tool for vindicating environmental abuses that implicate international human rights); Donald J. Kochan, No Longer Little Known But Now a Door Ajar: An Overview of the Evolving and Dangerous Role of the Alien Tort Statute in Human Rights and International Law Jurisprudence, 8 CHAP. L. REV. 103 (2005) (criticizing expansive

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