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Law Course/Number: Date: Question 1 The Meaning of ATS The Alien Tort Statute (ATS), also known as the Alien Tort Claims Act (ACTA) is a section of the US law which stipulates that district courts possess original jurisdiction of all civil actions executed by aliens, with these actions being tort-only and having been executed in contravention to US treaties or the law of nations…
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Download file to see previous pages This is because the ATS allows foreign nationals to open human rights violation cases in the United States Federal Judiciary; whether these cases took place within or outside the North American continent, notwithstanding (Bellia Jr. and Clark, 2011). The Benefits and Tradeoffs of This Expanded, Tactical Use of the ATS The use of ATS boosts America’s image as a country that does not compromise on human rights and freedoms violation. The rest of the diplomatic world is compelled to automatically follow this example. This means that human rights and freedom are increasingly upheld and safeguarded. One of the downsides of the ATS is its penchant for flooding (the US) court systems with a barrage of cases that have very little resolve, if at all. Question 2 The Grounds on Which the Senators Protested The premise upon which the Senators protested is worthy of credence. Particularly, Secretary Hillary Rodham Clinton by appending her signature to the ASEAN treaty endorsed the agreement, without letting it undergo the appraisal of the Senate, as should be the case. Thus, Clinton’s act was a contravention of the US Constitution, art 2, § II and art 6, § II which mandates the issuance of the Senate’s consent and advice. ...
Because of this, treaties can be said to be too sacrosanct to be left to the whims of the executive. For instance, the purpose of the ASEAN treaty was to promote lasting peace and international cooperation in Southeast Asia by building, strengthening and solidifying diplomatic relations. The guidelines of the Treaty of Amity (TAC) were also binding herein and demanding of principles such as mutual respect for sovereignty, non interference, the right to political autonomy and effective cooperation. These policies are too serious to be left to the whims of the executive. Question 3 Euro-governance Euro-governance refers to the political, legal and social developments of the Europe Union which are aimed at achieving the economic objectives of the euro (Payandeh, 2010). Whether Rabkin, Slaughter and Burke-White are talking about the same phenomenon By far, it is a fact that William W. Burke-White, Anne-Marie Slaughter and Jeremy A. Rabkin are talking about the same phenomenon. Burke-White, Slaughter and Rabkin are not just experts in international law, but they also speak on the same concept. For instance, Burke-White vouches for the effectiveness of international tribunals and courts, investment protection, investor-state arbitration, International Criminal Court (ICC), transnational justice, the fostering of human rights and criminal law. He also acknowledges the need for the government to address sovereign bankruptcy, international human rights, violations amnesty legislation and responses to emergencies. Conversely, Slaughter also speaks of the need to tackle worldwide terrorist and criminal networks, the International Criminal Court, the need to protect civilians in the Arab spring, global pandemics, climate change, and regulating the ...Download file to see next pagesRead More
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