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JHIL
Maritime Intercourse and the Commercial Origins
of the Alien Tort Statute
Edward J. Kolla
Assistant Professor of History, School of Foreign Service in Qatar, Georgetown
University, Doha, Qatar
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 associa-
tions 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 contem-
porary law of nations.
Keywords
Alien Tort Statute (ATS) – maritime law − American War of Independence – trade –
commercial law – early modern law of nations – tort