As noted above, the European Commission's brief makes two basic arguments, the first
substantive and the
second procedural: (1) that the jurisdictional limits of the ATS should be defined by reference to international law, in particular that the US should allow universal civil jurisdiction only in
cases where universal criminal jurisdiction would normally apply; and (2) that the US's exercise of universal civil jurisdiction must be constrained by the procedural limits imposed by international law, in particular by an exhaustion requirement.