1. Joel Filartiga is an outspoken opponent of the regime in political power in Venezuela. He was warned to be quiet but continues to protest against the president. One night he is kidnapped by private "security guards" who work for a wealthy Venezuelan businessman called Pena Irala. He is taken to a basement and tortured. Filartiga eventually escapes and has severe injuries for life. Years later, he learns that Irala is living in Miami. Filartiga sues Irala in federal court under the Alien Tort Statute alleging Irala and his employees committed a tort (e.g., battery, infliction of emotional distress) in violation of the law of nations. Irala says lawsuit must be dismissed and has no merits and ATS does not apply. You are the judge but how do you decide?

a. This case is without merit under Sosa precedent which limits claims under ATS to only "well-defined norms 'of international law which principally involve states or nations, and is not a broad grant of jurisdiction for individual plaintiffs seeking relief.

b. Numerous state laws and international treaties have made torture a violation of human rights law and Filartiga's case under ATS has merit.

c. This case is clearly a valid lawsuit under the holding of Sosa v. Alvarez Machaon which allows a broad interpretation of ATS to protect all international law principles.

d. Filartiga suffered severe injuries which demand he have a remedy is US courts as local Venezuelan courts are biased against him.

2. Helen Merge is a French citizen by birth in in Paris. She marries Paul who is an Italian citizen in 2000. She becomes a dual national by virtue of her marriage to him. The have two children in Rome, where they live. In 2016, there is an "incident" at a nuclear-powered plant in Italy. There is radioactive fallout with much damage resulting. Italy enters into a treaty with France, Spain and other European countries to create a damage fund which aliens damaged by this exposure can file a claim for damage as their sole remedy. Helen (having dual nationality) files a claim as an alien seeking damages for property damage. You are on the arbitration court. Can she file and win a valid claim?

a. No, she is an Italian national and that nationality is her dominant "effective" nationality under Nottebohm case.

b. Yes, the damage happened in Italy.

c. Yes, she is an alien as a French citizen and eligible to file a claim.

d. Yes, if she can meet burden of proof of her damages.

Answer rating: 100% (QA)

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