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Tel-Oren v. Libyan Arab Republic

United States of America.  30 June 1981 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Extraterritorial — For breaches of international law — Alien Tort Claims Act — Jurisdiction of United States courts for torts against the law of nations committed against aliens — Extent of jurisdiction — Whether jurisdiction extending to violation of any rule of international law — Whether rule must be clearly established — Whether rule must have been recognized by United States — Terrorism — Torture — Whether jurisdiction extends to acts committed by non-State actors — Palestine Liberation Organization — Whether Alien Tort Claims Act creates cause of action — Federal question jurisdiction — Whether extending to breaches of international law

Relationship of international law and municipal law — Act of State and justiciability — Extent of United States act of State and political question doctrines — Whether applicable to acts in violation of international law — Torture — Terrorism — Duty of courts to respect executive responsibility for foreign relations — Whether exercise of jurisdiction by courts likely to embarrass the executive — Principle that courts and executive should speak with one voice

Sources of international law — State practice — Requirement of consistency — Terrorism — Whether international law contains general prohibition of terrorism — Inconsistent attitudes of States — Writings of publicists — Whether municipal court should rely upon writings as a source of international law — Court not to be a debating forum for writers on international law

States — Subjects of international law — Distinction between States and non-State actors — Palestine Liberation Organization — Status in international law — Whether international law applicable to Palestine Liberation Organization — Whether international law prohibition of torture applies to torture perpetrated by Palestine Liberation Organization

War and armed conflict — Terrorism — Whether contrary to international law — Activities of Palestine Liberation Organization — Whether subject to the laws of armed conflict — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1980

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