10/26/2026
From the Reference Desk: On the Death of the Alien Tort Statute
By Jonathan Pratter Is there a federal statute that explicitly brings the law of nations – today, customary international law – into the internal legal order of the U.S., and makes it the foundation of an action in federal court? Surely, that is a rare scenario, but there is a candidate – the Alien Tort Statute (ATS), enacted in 1789 by the First Congress....
By Jonathan Pratter Is there a federal statute that explicitly brings the law of nations – today, customary international law – into the internal legal order of the U.S., and makes it the foundatio…