Cite as:
Eric Allen Engle, Using WYSH Computer Programs to
Model the Alien Tort Claims Act 6 Yale J. L. & Tech.
161 (2003-2004).
6 Yale J. L. &
Tech. 161
RULE 'ATCA' PROVIDES
IF the defendant is an alien
THEN IF the tort is a violation of the law of nations
OR the tort is a violation of a
treaty of the United States
THEN U.S. courts have original jurisdiction
RULE TVPA PROVIDES
IF the defendant is an individual
AND the plaintiff has exhausted their remedies in the foreign
nation
AND the U.S. ten year statute of limitations has not tolled
AND the plaintiff was subjected to torture or extrajudicial killing
AND the defendant had actual authority
OR the defendant had apparent
authority
OR the defendant acted under color
of law
THEN the defendant is liable in tort for the injuries to the plaintiff
ELSE the defendant is liable in tort for the injuries to the plaintiff
RULE 'tort defenses' PROVIDES
IF federal jurisdiction does not apply
OR government immunity applies
OR head of state immunity applies
OR exhaustion applies
OR comity applies
OR the claim is time barred
OR forum non-conveniens applies
OR political question doctrine applies
THEN defendant is not liable in tort
ELSE defendant may be liable in tort
RULE 'federal jurisdiction' PROVIDES
IF subject matter jurisdiction applies
AND personal jurisdiction applies
THEN federal jurisdiction applies
ELSE federal jurisdiction does not apply
RULE 'in personam jurisdiction' PROVIDES
IF specific jurisdiction applies
OR general jurisdiction applies
THEN in personam jurisdiction applies
ELSE in personam jurisdiction does not apply
RULE 'general jurisdiction' PROVIDES
IF defendant has systematic and continuous contacts to the United States
THEN general jurisdiction applies
ELSE general jurisdiction does not apply
RULE 'specific jurisdiction' PROVIDES
IF original jurisdiction applies
OR federal question applies
THEN subject matter jurisdiction applies
RULE 'original jurisdiction' PROVIDES
IF general jurisdiction applies
OR personal jurisdiction applies
THEN IF defendant is an alien
THEN IF law of nations applies
OR the tort is a violation of a
treaty of the United States
THEN original jurisdiction applies
ELSE original jurisdiction does not
apply
RULE 'in personam' PROVIDES
IF defendant has systematic and continuous contacts to the United States
THEN general jurisdiction applies
ELSE defendant has minimum contacts to the U.S.
IF
THEN IF the tort occurred in the U.S.
OR the tort has effects in the U.S.
THEN personal jurisdiction applies
IF general jurisdiction applies
THEN personal jurisdiction applies
IF personal jurisdiction applies
THEN 'in personam' jurisdiction applies
RULE 'law of nations' PROVIDES
IF the underlying tort arises out of piracy
OR the underlying tort arises out of genocide
OR the underlying tort arises out of an illegal war of aggression
OR the underlying tort arises out of a crime against humanity
OR the underlying tort arises out of a conspiracy to commit war of
aggression
OR the underlying tort arises out of a conspiracy to commit a
crime against humanity
OR the underlying tort arises out of a conspiracy to commit
genocide
THEN the tort is a violation of the law of nations
ELSE the tort is not a violation of the law of nations
RULE 'FSIA' PROVIDES
IF the defendant is not a government
THEN government immunity does not apply
IF the defendant is a government
THEN IF there is an express waiver of governmental immunity
OR the act is purely commercial
(acto iure gestionis)
THEN government immunity does not apply
ELSE government immunity applies
RULE 'head of state immunity' PROVIDES
IF the defendant is a head of state
OR the defendant is a governmental minister
THEN the defendant is not liable
ELSE IF the defendant is still serving in their ministerial capacity
THEN head of state immunity applies
ELSE head of state immunity does not apply
RULE 'official immunity' PROVIDES
IF the defendant is a civil servant
AND the defendant is in the term of his office
AND the act is a ministerial act
AND there is no waiver of immunity
THEN official immunity does not apply
ELSE official immunity applies
RULE 'statute of limitations' PROVIDES
IF the tort happens within the last ten years
OR equity tolls the statute of limitations
THEN the statute of limitations applies
ELSE the statute of limitations does not apply
RULE 'forum non conveniens' PROVIDES
IF this forum is oppressive to the defendant
OR this forum is an uneconomical choice when compared to competing
fora
THEN forum non conveniens applies
ELSE the claim is barred by the statute of limitations
RULE 'act of state doctrine' PROVIDES
IF the relief sought requires a U.S. court to declare invalid the
official act of a foreign sovereign performed in its own territory
THEN act of state doctrine applies
ELSE act of state doctrine does not apply
RULE 'political question' PROVIDES
IF the issue has been committed to the executive or legislature
OR there are no judicially manageable standards
OR it is impossible to decide the case without also making a
policy determination
OR the case requires unquestioning adherence to a political
decision already made
OR the court risks causing potential embarrassment by creating
multiple conflicting pronouncements from different branches
of government
THEN political question doctrine applies
ELSE political question doctrine does not apply
RULE 'comity' PROVIDES
IF principles of fairness indicate that a foreign court would be more
appropriate
OR judicial economy indicates that a foreign court would be more
appropriate
THEN comity applies
ELSE comity does not apply
RULE 'color of law' PROVIDES
IF the non state actor fulfils a public function
OR the nexus of state and non-state actor connections are close
OR the private sector was compelled by the state to act as it did
OR the action was undertaken jointly
THEN The non state actor is considered to be a state actor for it operated
under color of public law
ELSE the non state actor is not considered to be a state actor for it did
not operate under color of public law.
GOAL RULE defendant may be liable PROVIDES DETERMINE
defendant may be liable
EXAMPLE An v. Chun 7 PROVIDES
defendant may not be liable
IF defendant was present in the United States
AND defendant was not a U.S. resident
AND defendant was not kidnapped
AND defendant state asserted its right to immunity
AND defendant was a minister
AND defendant was representing a state friendly to the United States
AND defendant did not transact business in the United States
AND defendant did not maintain an office in the United States
AND defendant did not act as a commercial agent (acto jure gestionis)
AND defendant did not act as a sovereign (acto jure imperii)
EXAMPLE Kadic v. Karadzic 8 PROVIDES
defendant may be liable
IF defendant was present in the United States
AND defendant was not a resident in the United States
AND defendant was not kidnapped
AND defendant state asserted its right to immunity
AND defendant was a minister
AND defendant was not representing a state friendly to the United States
AND defendant did not transact business in the United States
AND defendant did not maintain an office in the United States
AND defendant did not act as a commercial agent (acto jure gestionis)
AND defendant did act as a sovereign (acto jure imperii)
EXAMPLE Filartiga v. Pena-Irala 9 PROVIDES
defendant may be liable
IF defendant was present in the United States
AND defendant was a resident in the United States
AND defendant was not kidnapped
AND defendant state did not assert its right to immunity
AND defendant was a minister
AND defendant was representing a state friendly to the United States
AND defendant did transact business in the United States
AND defendant did maintain an office in the United States
AND defendant did not act as a commercial agent (acto jure gestionis)
AND defendant did act as a sovereign (acto jure imperii)
EXAMPLE Amerada Hess 10 PROVIDES
defendant may not be liable
IF defendant was not present in the United States
AND defendant was not a resident in the United States
AND defendant was not kidnapped
AND defendant state asserted its right to immunity
AND defendant was a minister
AND defendant was representing a state friendly to the United States
AND defendant did not transact business in the United States
AND defendant did not maintain an office in the United States
AND defendant did not act as a commercial agent (acto jure gestionis)
AND defendant did act as a sovereign (acto jure imperii)
EXAMPLE Sampson v. Germany 11 PROVIDES
defendant may not be liable
IF defendant was present in the United States
AND defendant was not a resident in the United States
AND defendant was not kidnapped
AND defendant state asserted its right to immunity
AND defendant was not a minister
AND defendant was representing a state friendly to the United States
AND defendant did transact business in the United States
AND defendant did maintain an office in the United States
AND defendant did not act as a commercial agent (acto jure gestionis)
AND defendant did act as a sovereign (acto jure imperii)
EXAMPLE U.S. v. Noriega 12 PROVIDES
defendant may be liable
IF defendant was present in the United States
AND defendant was not a resident in the United States
AND defendant was kidnapped
AND defendant state did not asserted its right to immunity
AND defendant was a minister
AND defendant was not representing a state friendly to the United States
AND defendant did transact business in the United States
AND defendant did not maintain an office in the United States
AND defendant did act as a commercial agent (acto jure gestionis)
AND defendant did not act as a sovereign (acto jure imperii)
EXAMPLE Doe v. Unocal Corp. 13 PROVIDES
defendant may be liable
IF defendant was present in the United States
AND defendant was a resident in the United States
AND defendant was not kidnapped
AND defendant state asserted its right to immunity
AND defendant was not a minister
AND defendant was representing a state friendly to the United States
AND defendant did transact business in the United States
AND defendant did maintain an office in the United States
AND defendant did act as a commercial agent (acto jure gestionis)
AND defendant did not act as a sovereign (acto jure imperii)
EXAMPLE Doe v. Unocal Corp. 14 PROVIDES
defendant may not be liable
IF defendant was not present in the United States
AND defendant was not a resident in the United States
AND defendant was not kidnapped
AND defendant state asserted its right to immunity
AND defendant was not a minister
AND defendant was not representing a state friendly to the United States
AND defendant did transact business in the United States
AND defendant did not maintain an office in the United States
AND defendant did act as a commercial agent (acto jure gestionis)
AND defendant did act as a sovereign (acto jure imperii)
EXAMPLE Saudi Arabia v. Nelson 15 PROVIDES
defendant may not be liable
IF defendant was present in the United States
AND defendant was not a resident in the United States
AND defendant was not kidnapped
AND defendant state asserted its right to immunity
AND defendant was a minister
AND defendant was representing a state friendly to the United States
AND defendant did transact business in the United States
AND defendant did maintain an office in the United States
AND defendant did not act as a commercial agent (acto jure gestionis)
AND defendant did act as a sovereign (acto jure imperii)
EXAMPLE Amerada Hess 16 PROVIDES
defendant may not be liable
IF defendant was present in the United States
AND defendant was not a resident in the United States
AND defendant was not kidnapped
AND defendant state asserted its right to immunity
AND defendant was not a minister
AND defendant was representing a state friendly to the United States
AND defendant did not transact business in the United States
AND defendant did not maintain an office in the United States
AND defendant did not act as a commercial agent (acto jure gestionis)
AND defendant did act as a sovereign (acto jure imperii)