Tuesday, September 20, 2011

Filartiga v. Pena-Irala case brief, 630 F.2d 876 (1980)

Filartiga v. Pena-Irala
630 F.2d 876 (1980)


Alien Tort Statute (ATS) (28 U.S.C. §1350) provides: " the district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or of a treaty of the United States."

This law was pretty much never used between the time it was enacted (1789), and during the 1980s.

FACTS
Filartiga was a Paraguayan dissident. Filartiga's son was tortured and murdered by a Paraguayan official named Pena-Irala (where does one get a name like that!?) in the state of Paraguay.
    • The killing was politically motivated.
    • Filartigia tried to get justice in Paraguay, was unsuccessful. :(
  • Pena-Irala came to the US on vacation, and was sued by Filartiga (who lived in the US) under the ATS. (Maybe he will get some justice now!)
PROCEDURAL HISTORY

  • The Trial Court dismissed the claim. Filartiga appealed.
    • Trial Court found that the "law of nations" as used in the ATS does not govern a State's treatment of its own citizens.
      • The Court was stating that they did not have jurisdiction over what Paraguayan officials did to Paraguayan citizens on Paraguayan soil.
  • Appellate Court reversed: (looks like he will get some justice after all!)
    • The Appellate Court looked to [The Paquette Habana (175 U.S. 677 (1900))], and stated that "the law of nations" should be interpreted as customary international law.
    • The Court found that under customary international law, there exists a set of "human rights and fundamental freedoms."
      • The Court also noted that the extent of those rights and freedoms is debatable, but surely includes the right to not to be tortured and killed.
      • Official torture is prohibited by the law of nations. (this is a good thing!)
    • The Court found that Filartigia actually did have a claim under the ATS since Pena-Iralia was accused of violating the law of nations.
See also: http://www.mycasebriefs.com/filartiga-v-pena-irala-case-brief-2/

Support us by: 

Checking out our amazing store on Etsy: http://www.bohobuttons.com

While in law school I traveled the world.  Puerto Rico.  Egypt.  Israel.  The Netherlands.  All over the United States.  Costa Rica.  Panama... How, you ask?  I found ways to make money on the side.  One of those ways was hosting my apartment on AirBnB.  If you have an extra room, this is a perfect way to make some extra cash.

Since law school, I have traveled to dozens of countries for pleasure with my family.  It's not rocket science.  You just need to know how to start some side hustles.  Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood.  Join now and get a free stock through this link:  Join Robinhood and Get a Free Stock!

The Paquete Habana case brief

The Paquete Habana
175 U.S. 677 (1900)

FACTS
-During the Spanish American War, the United States Navy boarded two private fishing vessels that were flying the Spanish flag, and captured them both as prizes of war. One of which was the Paquete Habana.
-The owners of the vessels sued in US courts to regain their property.
-Argument: customary international law states that fishing vessels are exempt from being captured in war.
-They were commercial fishermen and not a military target.
-The US Supreme Court found that the fishing vessels can not be taken as prizes of war.

DISCUSSION
  • The US Supreme Court found that there was no specific US law defining a prize of war.
  • However, the Court stated that customary international law made fishing vessels exempt from being taken as a prize of war.
  • There are a number of factors that will determine if something is customary international law. In this case, the Court found that:
    • There was State practice by a number of different countries that commercial fishing vessels were exempt.
    • There was repetition of this practice over a period of time.
    • There was opinio juris that commercial fishing vessels were exempt.
      • Opinio juris = a subjective element that is used to judge whether the practice of a state is due to a belief that it is legally obliged to do a particular act.
  • This case lays out the important factors that courts use to determine if something has become customary international law.
    • Customary international law can be thought of as a kind of international common law. It is not explicitly defined anywhere, however everyone seems to agree with it.
AUTHOR'S NOTES
One quote from the case that I really liked was: For the purpose where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations; and, as evidence of these, to the works of jurists and commentators, who by years of labor, research and experience, have made themselves peculiarly well acquainted with the subjects of which they treat. (The Paquete Habana, 175 U.S. 677 1900). Good stuff!

Course:  International law
See Also: http://www.mycasebriefs.com/the-paquete-habana-case-brief/

Support us by: 

Checking out our amazing store on Etsy: http://www.bohobuttons.com

While in law school I traveled the world.  Puerto Rico.  Egypt.  Israel.  The Netherlands.  All over the United States.  Costa Rica.  Panama... How, you ask?  I found ways to make money on the side.  One of those ways was hosting my apartment on AirBnB.  If you have an extra room, this is a perfect way to make some extra cash.

Since law school, I have traveled to dozens of countries for pleasure with my family.  It's not rocket science.  You just need to know how to start some side hustles.  Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood.  Join now and get a free stock through this link:  Join Robinhood and Get a Free Stock!

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...