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Author : Anonim
Publisher : American Bar Association
Page : 500 pages
File Size : 50,8 Mb
Release : 2024-06-26
Category : Aliens
ISBN : 1616327162
Author : Peter Henner
Publisher : Unknown
Page : 473 pages
File Size : 50,9 Mb
Release : 2009
Category : Aliens
ISBN : 1604425938
Author : George P Fletcher
Publisher : Bloomsbury Publishing
Page : 222 pages
File Size : 47,8 Mb
Release : 2008-10-03
Category : Political Science
ISBN : 9781847314635
Advancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. Beginning with an historical analysis Fletcher shows how tort and criminal law originally evolved to deal with similar problems, how tort came to be seen as primarily concerned with negligence and how the Alien Tort Statute has helped establish the importance of tort law in international cases. In a series of cases starting with Filartiga and culminating most recently in Sosa, Fletcher shows how torture cases led to the reawakening of the Alien Tort Statute, changing US law and giving legal practitioners a tool with which to assist victims of torture and other extreme human rights abuses. This leads to an examination of Agent Orange and the possible commission of war crimes in the course of its utilisation, and the theory of liability for aiding and abetting the US military and other military forces when they commit war crimes. The book concludes by looking at the cutting-edge cases in this area, particularly those involving liability for funding terrorism, and the remedies available, particularly the potential offered by the compensation chamber in the International Criminal Court.
Author : Beth Stephens
Publisher : BRILL
Page : 655 pages
File Size : 41,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781571053534
Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign governments. A section on defenses includes analysis of topics such as immunities, forum non conveniens, and the intervention of the executive branch. The final section discusses litigation strategies.
Author : Michael Koebele
Publisher : BRILL
Page : 428 pages
File Size : 43,8 Mb
Release : 2009-04-24
Category : Law
ISBN : 9789047427117
In his book, Michael Koebele examines the potential liability of transnational corporations under the Alien Tort Statute (also known as Alien Tort Claims Act) for violations of international law in connection with their operations and investments worldwide.
Author : Linda A. Willett
Publisher : Unknown
Page : 62 pages
File Size : 40,5 Mb
Release : 2003
Category : Aliens
ISBN : STANFORD:36105063261890
Author : Ralph Gustav Steinhardt,Anthony A. D'Amato
Publisher : Martinus Nijhoff Publishers
Page : 457 pages
File Size : 49,8 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004632714
The Alien Tort Claims Act is virtually unique in U.S. legislation for its clear recognition of international human rights. This unparalleled collection of essays, the only extensive work on the Act, draws together the best analyses and interpretations written to date, under the editorship of two of America's most untraditional and imaginative theorists of international law, and makes a formidable case for the Alien Tort Claims Act as a powerful tool for all lawyers, regardless of specialization. The book includes an exhaustive annotated bibliography. Published under the Transnational Publishers imprint.
Author : Anonim
Publisher : Eric Engle
Page : 128 pages
File Size : 50,8 Mb
Release : 2006
Category : Electronic
ISBN : 8210379456XXX
Author : Mark Gibney
Publisher : Routledge
Page : 160 pages
File Size : 50,5 Mb
Release : 2021-11-18
Category : Political Science
ISBN : 9781000010985
What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.
Author : Stefanie Khoury,David Whyte
Publisher : Routledge
Page : 210 pages
File Size : 51,8 Mb
Release : 2016-12-08
Category : Political Science
ISBN : 9781317216056
This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.
Author : Ewa Bagińska
Publisher : Springer
Page : 486 pages
File Size : 43,6 Mb
Release : 2015-10-20
Category : Law
ISBN : 9783319189505
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Author : Frank C. Newman,David S. Weissbrodt
Publisher : Unknown
Page : 874 pages
File Size : 44,8 Mb
Release : 1990
Category : Political Science
ISBN : UOM:39015021843787
Presents the sources and structure of international human rights law. Focuses on problems or factual situations in Burma (Myanmar), Europe (including the USSR), Kenya, Iran, the Israeli Occupied Territories, Palau, Peru, and the USA.
Author : Julia Ruth-Maria Wetzel
Publisher : Springer
Page : 265 pages
File Size : 45,8 Mb
Release : 2016-04-28
Category : Law
ISBN : 9783319313252
This book investigates how human rights law can be applied to corporate entities. To date there have been insufficient international legal mechanisms to bring corporations to justice for their misconduct abroad. The book argues that rather than trying to solve the problem locally, an international approach to corporate human rights compliance needs to be sought to prevent future corporate human rights abuses. Implementing effective and enforceable human rights compliance policies at corporate level allows businesses to prevent negative human rights impacts such as loss of revenue, high litigation costs and damage to reputation. By considering human rights to be an inherent part of their business strategy, corporations will be well equipped to meet national and regional business and human rights standards, which will inevitably be implemented in the next few years. This approach, in turn, also furthers the fundamental aim of international human rights law.
Author : Richard B. Lillich
Publisher : American Bar Association
Page : 72 pages
File Size : 42,8 Mb
Release : 1985
Category : Political Science
ISBN : STANFORD:36105062996561
This publication describes the application of international human rights law, treaties, and cases in U.S. courts.
Author : Eric A. Engle
Publisher : Unknown
Page : 72 pages
File Size : 44,7 Mb
Release : 2005
Category : Law
ISBN : OCLC:165855673
