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International Law

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International Law
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University Of Illinois Urbana Champaign
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Question 2
A. Writing for the court, Justice Souter held that in line with the foreign country
exclusion to the FTCA waiver of governmental protection, the US was not liable for
any alien’s arrest and transfer to the US by a foreign national. It was also established
that the overseas state exception bars all claims against the government as per any
damage encountered in a foreign nation. The court scrutinized numerous relevant
provisions associated with the act. The FTCA provided the federal district courts
absolute ascendancy of civil actions against the US for personal injury or death, loss
of property and money damage in the event that any employee of the government
causes a tort while operating within the scope of his employment or office. However,
under similar situations, a private individual would be liable to the claimant.
Justice Robert delivered a unanimous opinion that affirmed the second
circuit’s judgment. The court claimed that in line with the Alien Tort Statute, there is
a presupposition against extraterritorial claim of the US law. The deduction, which
results form a traditional standard of interpretation, act as a means of protecting
against conflict the law of other nations to those of US law. The court held that
nothing within the purpose of the statute, history or the text shows that it was
anticipated to put in place extraterritorially. To refute this presumptions, the claim of
the petitioner would have to concern and touch the territory of the US with significant
force considering that that statute is presumed inapplicable, the court failed to tackle
the question of whether corporations are protected from tort liability for the violation
of the law of nations (Chemerinsky et.al, 2015).
B. In Klobel v. Royal Dutch Petroleum Co., the Supreme Court applied the presumption
against extraterritorial application of US law holding that the Alien Tort Statute didn’t
incorporate an assertion between extraterrestrials for offences that took place in a

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Name Institution Affiliation Professor Date Question 2 A. Writing for the court, Justice Souter held that in line with the foreign country exclusion to the FTCA waiver of governmental protection, the US was not liable for any alien’s arrest and transfer to the US by a foreign national. It was also established that the overseas state exception bars all claims against the government as per any damage encountered in a foreign nation. The court scrutinized numerous relevant provisions associated with the act. The FTCA provided the federal district courts absolute ascendancy of civil actions against the US for personal injury or death, loss of property and money damage in the event that any employee of the government causes a tort while operating within the scope of his employment or office. However, under similar situations, a private individual would be liable to the claimant. Justice Robert delivered a unanimous opinion that affirmed the second circuit’s judgment. The court claimed that in line with the Alien Tort Statute, there is a presupposition against extraterritorial claim of the US law. The deduction, which results form a traditional standard of interpretation, act as a means of protecting against conflict the law of other nations to those of US law. The court held that nothing within the purpose of the statute, history or the text shows that it was anticipated to put in place extraterritorially. To refute this presumptions, the claim of the petitioner would have t ...
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