Mr. Alpha is a national of the Banana Republic. Until the last revolution, he was living in very comfortable circumstances on a large plantation employing thousands of peasants at starvation wages. Following the revolution, the new revolutionary government seized his plantation and he fled the country to avoid arrest. He is now an exile in a large northern First World state and he has brought suit in one of that state's courts against the Bank of the Banana Republic, which now has title to his plantation, to obtain compensation for the property taken from him. The First World State has a statute identical to the US Aliens Tort Claim Act that allows courts to assume jurisdiction in disputes between individuals and foreign states when a violation of an international tort has been alleged. You are the judge hearing the case and you are to write an opinion describing the basis for your decision.
The US Aliens Tort Claims Act is a section of the US Code that allows the district courts original jurisdiction of any civil action by an alien for a tort, committed in violation of the law of nations or a treaty of the United States. Now the law of nations refers to the public international law that relates to the structure and conduct of international corporations, banks, and individuals.
Now a tort or a civil wrong has been committed when a person's behavior has unfairly caused someone else to suffer loss or harm. A tort action allows anyone who is harmed to recover her loss. The judge of the ...
This posting gives you an in-depth insight into international law