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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: Craig M. Scott
Publisher: Hart Publishing
ISBN: 1841130605
Category : Law
Languages : en
Pages : 776
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Book Description
The catalyst for this volume was a request to Scott (York U. Law School, Toronto) from Sudanese exiles for advice on transnational avenues for seeking justice against members of their government. The 26 contributions address the frames and foundations of human rights cases; jurisdiction and immunity; choice of law and causes of action; evolving international law on recourse against non-state actors; legitimacy, intervention, and forging of national histories; and the borders of tort theory. Includes tables of cases and legislation. Appends the UN Convention Against Torture, the US code on Alien Tort Claims and Torture Victims Protection Act, provisions of Private International Law (UK, 1995), and an update on developments related to the discussion of the Pinochet case. Distributed in the US by ISBS. c. Book News Inc.
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: 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: 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: 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: 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: Louise Bélanger-Hardy
Publisher:
ISBN: 9780433457053
Category : Remedies (Law)
Languages : en
Pages : 370
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Book Description
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.
Author: Campbell McLachlan
Publisher: Oxford University Press
ISBN: 9780198259190
Category : Law
Languages : en
Pages : 298
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Book Description
The scope and application of the rules of civil jurisdiction is of immense practical importance in the conduct of transnational tort cases. Frequently such rules can dictate whether the plaintiff has an effective remedy or not and the shape of the ensuing litigation. The incidence of transborder harms is on the increase. One need only think of transboundary pollution (for example, fall-out from Chernobyl, the determination of proper forum for litigation of the Bhopal dispute); the rise in complex international fraud (Guinness, Ferranti, BCCI); the increase in scope for product liability and intellectual property litigation in international commerce; and transnational personal injury cases arising from the increased flow of persons across national borders. These practical problems give rise to difficult legal issues, which existing domestic rules of jurisdiction may be ill-equipped to resolve. In this timely collection of original articles a leading team of contributors assess existing legal provisions and examine the prospects for reform.
