2 Chi J Intl L 457
Curtis A. Bradley
This article begins by describing some of the understandable attractions of international human rights litigation - to plaintiffs, judges, advocacy groups, and international law scholars. The article then explores some of the potential costs associated with this litigation, including costs to U.S. Foreign relations, democratic values, and the international system. These costs are becoming more significant, the article explains, as the litigation expands beyond the original model of suits against low-level foreign officials, accused of engaging in universally condemned conduct, from countries with relatively low geopolitical influence. The article concludes that, given the uncertain policy tradeoffs associated with international human rights litigation, courts should at least await specific congressional authorization and guidance before allowing further expansions of this litigation.


