Title: The Choice of Law in the Alien Tort Claims Act Litigations
Abstract:The choice of law issues must be dealed with in the ATCA litigations,but the ATCA itself has no choice of law rules or provisions of applicable law.Although there are many differences on the choice of...The choice of law issues must be dealed with in the ATCA litigations,but the ATCA itself has no choice of law rules or provisions of applicable law.Although there are many differences on the choice of law issues between the various circuit courts,on the whole they are still subjected to the guide of the Rules of Decision Act and Restatement (Second) of Conflict of Laws.The court applied the international law and the law of the place of the tort to judge the legality of the conduct in question;as to the amount of compensation and the issue of statutes of limitation,they are governed by domestic law of the United States,including the federal common law.Read More
Publication Year: 2010
Publication Date: 2010-01-01
Language: en
Type: article
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