20 Yale J. Int'l L. 65 (1995)
Fulfilling the Promise of Filartiga: Litigating Human Rights Claims against the Estate of Ferdinand Marcos

handle is hein.journals/yjil20 and id is 71 raw text is: Fulfilling the Promise of Filartiga: Litigating
Human Rights Claims Against the Estate of
Ferdinand Marcos
Ralph G. Steinhardtl
I.  INTRODUCTION  ...............................................      65
II. THE ALIEN TORT CLAIMS ACT: JURISDICTION AND THE PRIVATE RIGHT OF ACTION .... 70
A. Theories of Subject Matter Jurisdiction ............................. 70
B. Private Rights of Action ...................................... 72
I.  The Silence of Congress .................................. 75
2.  The Silence of International Law  ............................  76
3.  The Incompetence of Customary International Law ................. 78
4.  The Non-Existence of a Customary International Law of Human Rights ..... 80
III. IMMUNITIES AND OTHER DOCTRINES OF DIFFIDENCE ....................... 83
A. The Act of State and Political Question Doctrines ..................... 83
B. Sovereign Immunity .......................................... 87
C. Former Head of State Immunity and the Analogy to Nixon v. Fitzgerald ........ 90
IV.  FORUM  NON  CONVENJNS  ........................................   91
V.  CLASS  CERTIFICATION  ..........................................   93
VI.  DAMAGES AND THE CHOICE OF LAW  ................................. 94
VII.  THE LAW  OF EVIDENCE  .........................................  97
VIII. INTERNATIONAL LAW AND THE CIVIL LEGACY OF NUREMBURG ................ 99
IX. CONCLUSION: TOWARD AN INTERNATIONAL LAW OF REMEDIES ................ 102
I. INTRODUCTION
In a recent confirmation that private liability may be imposed for public
wrongs, an American jury held the estate of Ferdinand Marcos liable for
human rights violations that occurred in the Philippines during the Marcos
presidency. After six years of pre-trial maneuvering, multiple appeals to the
Ninth Circuit, and two weeks of trial, the estate was found specifically liable
to a class of ten thousand Filipinos and twenty-three named plaintiffs for
t  Professor of Law and Associate Director of the International and Comparative Law Program,
National Law Center, the George Washington University; Co-Director of the Programme in International
Human Rights Law, Oxford University. The author appeared pro bono as plaintiffs' counsel in Sison et
al. v. Marcos, one of the actions discussed in this Article.

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