Maritime Intercourse and the Commercial Origins of the Alien Tort Statute

Abstract

The Alien Tort Statute (ats) is one of the greatest enigmas of American legal history. Enacted in 1789, it was little used until the late 1970s, when foreigners notably began seeking compensation under its terms for human rights abuses committed around the world. Recently, the us Supreme Court seemed to put an end to this practice – but the ats is still of interest to historians. After the American War of Independence, Great Britain and the United States maintained a robust trade and close economic relationship. Many Americans saw the perpetuation of these ties as essential to the new republic’s prosperity. The ats helped frame the United States’ mercantile associations in terms of customary maritime and trade law; in particular, evidence suggests it aimed to provide a mechanism in us courts for the remedy of commercial disputes, especially with Americans’ former imperial overlord, in accordance with the contemporary law of nations.