In the below case, the court discusses what constitutes a sufficiently specific and universal norm of international law tobe cognizable under the ATS. The majority and dissent disagree over the extent to which such norms must be bindingindependent of the ATS jurisdictional grant, and over what sources (those of private global governance associations, oronly those of intergovernmental organizations) are appropriate to use for international law (note that the dissent evenrejects one of the Art. 38(d) sources, the work of international publicists, in the name of democracy).UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUITAugust Term, 2006(Argued: July 12, 2007 Decided: January 30, 2009)Docket Nos. 05-4863-cv (L), 05-6768-cv (CON)BARRINGTON D. PARKER, Circuit Judge:This consolidated appeal is from the judgments of the United States District Court for theSouthern District of New York (Pauley, J.) dismissing two complaints for lack of subjectmatter jurisdiction under the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), and in thealternative, on the ground of forum non conveniens. Plaintiffs-Appellants Rabi Abdullahiand other Nigerian children and their guardians sued Defendant-Appellee Pfizer, Inc.under the ATS (“the Abdullahi action”). They alleged that Pfizer violated a customaryinternational law norm prohibiting involuntary medical experimentation on humans whenit tested an experimental antibiotic on children in Nigeria, including themselves, withouttheir consent or knowledge. Plaintiffs-Appellants Ajudu Ismaila Adamu and others, alsochildren and their guardians who were part of Pfizer’s Nigerian drug experiment, broughta similar action against Pfizer, alleging violations of the ATS, the Connecticut UnfairTrade Practices Act (“CUTPA”), and the Connecticut Products Liability Act (“CPLA”)(“the Adamu action”). Pfizer moved to dismiss both actions for lack of subject matterjurisdiction and on the basis of forum non coveniens. The district court granted themotions and both sets of plaintiffs have appealed.
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