Sarei and ors v Rio Tinto PLC and Rio Tinto Limited, Judgment on Motion to Dismiss, ILDC 604 (US 2002), 221 F.Supp.2d 1116 (C.D. Cal. 2002), 9th July 2002, United States; California; District Court for the Central District of California [CD Cal]
Whether the exhaustion of local remedies was required before stating a claim under the Alien Tort Statute (‘ATS’) in the United States.
Whether the plaintiffs adequately pleaded that a sovereign state's medical blockade of an island was a violation of the law of war.
Whether racial discrimination could be the basis for a claim under the ATS.
Whether the rights to life and health could be violated by perpetrating environmental harm.
Whether a violation of the United Nations Convention on the Law of the Sea could be the basis for a claim under the ATS.
Whether Rio Tinto was liable for Papua New Guinea's conduct as a state actor for purposes of establishing a violation of the law of nations under the ATS.
Whether the act of state doctrine or political question doctrine barred adjudication of claims.