Document Type
Article
Publication Date
2002
Abstract
The Alien Tort Claims Act (ATCA) arguably allows non-U.S. citizens to bring claims for violations of customary international law (CIL). Although CIL litigation typically embraces only egregious human rights violations, the scope of CIL actually encompasses all universally recognized rights, including some labor rights. This Comment explores the possibility that the ATCA may be used to litigate claims by non-U.S. citizens alleging violations of international labor rights. It concludes that the Act likely provides a vehicle for aggrieved employees to bring suit in U.S. court for violations of international labor standards. Finally, this Comment recognizes that the impact of ATCA litigation may be more beneficial than detrimental to owners of small businesses. By holding U.S. and other employers operating in developing nations to an international labor standard, the ATCA may act to level the playing field between domestic companies and companies operating abroad.
Recommended Citation
6 J. Small & Emerging Bus. L. 311
Source Publication
6 J. Small & Emerging Bus. L. 311