Using the US Alien Tort Claims Act for Environmental Torts: The Problem of Definability of the Right to a Healthy Environment
Article from: OGEL 4 (2006), in Environment
During the last years there has been a growing trend towards making environmental torts judiciable under the US Alien Tort Claims Act (ATCA), which opens US Federal Courts to aliens who sue United States (US) citizens or non-US citizens for torts committed in violation of Customary International Law. Although many recognised scholars support the view that there are enough grounds to make environmental claims judiciable under the ATCA, until the drafting of this paper none of the lawsuits submitted for environmental harm has succeeded. This paper explores what the main reason for ...