...which are not subject to the ATS, providing only that where other claims “touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against
extraterritorial application” (p.14). Despite initial appearances, the ATS has thus not definitively been interpreted to have no
extraterritorial effect, but rather, it has only been interpreted as not extending
extraterritorially in the circumstances of Kiobel – that is, to purely
extraterritorial ‘foreign cubed’ cases. This is not a presumption against any
extraterritoriality, but only a presumption...