October 25, 2011, the Ninth Circuit handed down the latest decision in the Sarei litigation. The British and Australian governments jointly submitted an Amicus Brief, which focuses
on whether local remedies in the state in which the alleged wrongs occurred
must be exhausted before a U.S. court can exercise jurisdiction under the Alien Tort Statute. This report argues that
the position of the British and Australian governments has significant merit as
a matter of international law and as a question of policy.