Whether the exhaustion of local remedies was required before stating a claim under the Alien Tort Statute (‘ATS’) in the United States.
Whether the plaintiffs adequately pleaded that a sovereign state's medical blockade of an island was a violation of the law of war.
Whether racial discrimination could be the basis for a claim under the ATS.
Whether the rights to life and health could be violated by perpetrating environmental harm.
Whether a violation of the United Nations Convention on the Law of the Sea could be the basis for a claim under the ATS.
Whether Rio Tinto was liable for Papua New Guinea's conduct as a state actor for purposes of establishing a violation of the law of nations under the ATS.
Whether the act of state doctrine or political question doctrine barred adjudication of claims.
Keywords: Act of state doctrine; Armed conflict, non-international; Attribution; Civil liability; Comity; Crimes against humanity; Customary international law; Exhaustion of local remedies; General principles of international law; Human rights, civil and political rights; Human rights, derogations; Human rights, economic, social, and cultural rights; Human rights, right to health; Human rights, right to life; Immunity from jurisdiction, agents of states; International crimes; International humanitarian law, war crimes; Jurisdiction of states, extra-territorial; Nationality of corporations; Non-justiciability; Peremptory norms / ius cogens; Racial discrimination; Sustainable development
Legal Material. 55247 words.
Subjects: Law of the Sea ; Public International Law ; International Law ; Law
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