The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs by Riaan Eksteen

Author:Riaan Eksteen
Language: eng
Format: epub, pdf
ISBN: 9789462652958
Publisher: T.M.C. Asser Press

In recalling that intention the Court observed that court cases allowing lawsuits to proceed in US courts were having precisely the opposite effect. For 13 years it “caused significant diplomatic tensions” with Jordan.189 By pointing to that ongoing friction this suit caused between the USA and Jordan, J Kennedy used it as a motivation for resolving the issue completely.190

The ruling also noted that this was not the first time that a foreign sovereign had appeared in the Court to record its objections to the ATS. It was these very foreign relations tensions that the First Congress sought to avoid when it adopted the ATS.191 Most importantly the Court added the following perspective that contributed to the demise of the ATS as an instrument for foreigners to bring their issues of human rights committed outside the USA to a US court for compensation:Congress, not the Judiciary, must decide whether to expand the scope of liability under the ATS to include foreign corporations .192

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.