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Author: Craig Martin Scott
Publisher: Bloomsbury Publishing
ISBN: 1847316808
Category : Law
Languages : en
Pages : 493
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Book Description
The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.
Author: Craig Martin Scott
Publisher: Bloomsbury Publishing
ISBN: 1847316808
Category : Law
Languages : en
Pages : 493
Get Book Here
Book Description
The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.
Author: George P Fletcher
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 228
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Book Description
This book challenges the community of international lawyers to think again about how they can use the Alien Tort Statute.
Author: Metin Baolu
Publisher: Oxford University Press
ISBN: 0199374627
Category : Law
Languages : en
Pages : 571
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Book Description
This book presents an interdisciplinary approach to definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health. It represents a first ever attempt to compare behavioral science and international law perspectives on definitional issues and promote a sound theory- and evidence-based understanding of torture.
Author: Louise Bélanger-Hardy
Publisher:
ISBN: 9780433457053
Category : Remedies (Law)
Languages : en
Pages : 370
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Book Description
Author: Joseph Pugliese
Publisher: Routledge
ISBN: 0415529743
Category : Law
Languages : en
Pages : 243
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Book Description
State Violence and the Execution of Law examines how law plays a fundamental role in enabling state violence and, specifically, torture, secret imprisonment, and killing-at-a-distance.
Author: Alastair Mullis
Publisher: Bloomsbury Publishing
ISBN: 0230345697
Category : Law
Languages : en
Pages : 577
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Book Description
The previous editions of Torts were highly regarded for their clarity of explanation and engaging writing style, and this new fourth edition fully retains each of these qualities. The text has been extensively revised and updated, and there is a new chapter on privacy. The enhanced layout includes end of chapter summaries and self-test exercises and an extensive bibliography. This is therefore an ideal companion to the subject for both law undergraduates and GDL/CPE students.
Author: Manfred Nowak
Publisher: Oxford University Press
ISBN: 0198846177
Category : Law
Languages : en
Pages : 1361
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Book Description
"Published with the support of Austrian Science Fund (FWF): PUB 644-G."
Author: Michael Koebele
Publisher: Martinus Nijhoff Publishers
ISBN: 900417365X
Category : Law
Languages : en
Pages : 429
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Book Description
The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.
Author: William J Aceves
Publisher: BRILL
ISBN: 9047431235
Category : Law
Languages : en
Pages : 817
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Book Description
In recent years, victims of human rights abuses have filed civil lawsuits in U.S. courts. This litigation provides victims a voice and promotes accountability for violations of international law. This is the story of Filartiga v. Pena-Irala, one of the most significant examples of human rights litigation in the U.S., presented as a documentary history – an approach to legal scholarship that has become increasingly popular in recent years. Unlike traditional casebooks, this book emphasizes the dynamic nature of law. The pleadings and documents appear with minimal editing and are supplemented through commentary by various litigation participants. Published under the Transnational Publishers imprint.
Author: James Gordley
Publisher: Cambridge University Press
ISBN: 1108835848
Category : Law
Languages : en
Pages : 735
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Book Description
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
