Suchergebnisse

Considerable ink has been spilt on the subject of 28 U.S.C. §1350, the Alien Tort Statute. My limited purposes here are to address Anne-Marie Burley's appealing analysis of the statute presented in the last issue of the Journal and to draw attention to significant legislation that casts additional light on the framing of the statute. My comments relate to Oliver Ellsworth, the drafter of section 1350 and the most influential senator in the First Congress, which enacted the Alien Tort Statute.

The first sentence of Professor Murase's article "The Most-Favored-Nation Treatment in Japan's Treaty Practice During the Period 1854-1905" which appeared in the April issue of the Journal is incorrect. He asserts that "[i]t can be said today that a unilateral most-favored-nation (MFN) clause is only of historical significance." However, even today, Japan lives under the threat of a unilateral unconditional most-favored-nation clause.