Transnational Public Law Litigation

Abstract

Several years ago, I called attention to the burgeoning of "transnational public law litigation": suits brought in United States courts by individual and governmental litigants challenging violations of international law. As recent examples of this phenomenon, I included international human rights suits brought by aliens against foreign and United States governments and officials under the Alien Tort Statute, as well as actions by foreign governments against individual, American government, and corporate defendants.