U.S. Amicus Brief in UNOCAL Case Urges Restricting Alien Tort Claims Act

On May 8, 2003, the United States Department of Justice filed an amicus curiae brief in the Unocal Corporation case in the United States Court of Appeals for the Ninth Circuit, urging the appellate court to restrict significantly the reach of the Alien Tort Claims Act. If the court follows the U.S. Government’s recommendation, plaintiffs will have a much reduced opportunity to file private causes of action for breaches of international human rights and other torts. In its brief the U.S. focused on its “substantial interest” in the proper application of the Alien Tort Statute (ATS). The brief expresses concern that the ATS has been transformed into a flood of actions allowing aliens to bring human rights claims in U.S. courts, even when the disputes are wholly between foreign nationals and when the alleged injuries were incurred in a foreign country, often with no connection with the U.S. Additionally, the brief argues that long established presumption against extraterritorial application of statute has been violated by the 9th Circuit’s recognizing causes of action under the ATS to conduct occurring wholly within the boundaries of other countries, involving only foreign sovereigns or nations, and causing no direct or substantial impact of the U.S. Hence, the brief asks the 9th Circuit to find that the ATS does not allow a court to infer a cause of action to enforce international law norms discerned by the courts form documents such as unratified and non-self-executing treaties, and non-binding UN resolutions.