Missouri
How Doe I v. Unocal Corp. applies in Missouri: state-specific rules, key cases, and bar exam notes for International Law (Alien Tort Statute).
Missouri courts have not extensively dealt with the Alien Tort Statute (ATS), but they follow the principles of international law and consider the federal interpretations. State courts may apply these principles under state tort law where international human rights violations are concerned.
Missouri recognizes that actions based on human rights violations can be actionable under state tort principles, aligning state law with international law's tenets as recognized in federal cases.
The court allowed claims for emotional distress based on a violation of constitutional rights.
Established that state courts can hear cases involving significant human rights concerns under state law.
Held that the state may recognize international norms that inform state tort claims.
Missouri's application of human rights principles in tort claims shows a willingness to incorporate international norms, similar to federal courts’ interpretations under the ATS. However, Missouri may employ more stringent standards regarding venue and jurisdiction that differ from broader federal applicability.
Questions related to international law and the ATS may feature on the Missouri bar exam, particularly focusing on the interplay between state and federal law in tort actions involving human rights.