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Publication Date

2009

Abstract

Foreign victims of human rights violations have several available forums for redress. Some victims file suit under the Alien Tort Statute (ATS), which grants federal courts the jurisdiction to provide redress to victims of egregious human rights violations. The ATS does not have an express exhaustion requirement, and the U.S. Supreme Court has not directly addressed this issue. The Court recently indicated, however, that it might consider a local or international exhaustion requirement. Many scholars advocate a local exhaustion requirement,but this fails to provide the best chance of redress to victims of human rights abuses. Additionally, a local exhaustion requirement does little to facilitate forum shopping, which is a practice that provides a broader remedy to plaintiffs, encourages dialogue between courts, and leads to a cohesive understanding of human rights norms. This Note argues that courts should read into the ATS an international exhaustion requirement,or alternatively that Congress should amend the ATS to reach the same result. An international exhaustion requirement would provide a plaintiff with the best chance of finding relief, since international tribunals routinely afford redress for a broader range of human rights violations than U.S. courts applying the ATS. Further, an international exhaustion requirement encourages forum shopping, which will achieve the ends lacking under a local requirement. This Note proposes a simple and workable international exhaustion requirement modeled from existing local exhaustion rules, taking into account the possibilities of unavailability, futility, and ineffectiveness. This proposed requirement appropriately balances the interests of plaintiffs, states,and the ideals of international justice.

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