Yale Journal of International Affairs article: ATCA for the Gulf Oil Spill

Here’s an interesting one from Haley St. Denis in the Yale Journal of International Affairs (PDF link):

The Alien Tort Claims Act (ATCA) is a U.S. statute enabling aliens to sue in American civil courts for certain egregious human rights violations. It has come to be the tool wielded for most international human rights litigation against corporations. This article explores the potential ATCA liability resulting from corporate trans-boundary environmental abuse through consideration of BP and the 2010 Gulf oil spill. This hypothetical “case” demonstrates that though an ATCA claim against BP would likely fail based on the ultimate concentration of damage to U.S. territory, had the damage primarily hit foreign waters, shores and communities, the prospects of bringing an ATCA claim are real and present. Further, the symbolic repercussions of such a claim could develop both international law and industrial standards.
Advertisements

About Charles Donefer

I am an attorney in New York City.
This entry was posted in Uncategorized and tagged , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s