Cantitate/Preț
Produs
Total produse
Vezi coșul
Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation de Craig Martin Scott

Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation

Editat de Craig Martin Scott
en Limba Engleză Hardback – 21 mai 2001
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.
Citește tot Restrânge

Preț: 107894 lei

Preț vechi: 125458 lei
-14% Nou

Puncte Express: 1618
Preț estimativ în valută:
20655€ • 21242$ • 17135£

Carte tipărită la comandă

Livrare economică 17 februarie-03 martie

 Adaugă în coș

Wish list
Gift list
Am citit!
Adaugă în listă
Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9781841130606
ISBN-10: 1841130605
Pagini: 776
Dimensiuni: 156 x 234 x 60 mm
Greutate: 1.24 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

There has been little treatment by non- US scholars of the merits and demerits of transnational human rights litigation, but this book makes a start at stimulating debate. It will also be relevant to transnational legal practice beyond human rights.

Notă biografică

Craig Scott is Professor of Law, Osgoode Hall Law School, and Director of the Nathanson Centre on Transnational Human Rights, Crime and Security of York University, Toronto

Cuprins

PART I: FRAMES AND FOUNDATIONS1. Introduction to Torture as Tort: From Sudan to Canada to SomaliaCRAIG SCOTT2. Translating Torture into Transnational Tort: Conceptual Divides in the Debate on Corporate Accountability for Human Rights HarmsCRAIG SCOTT3. International Human Rights Tort Claims and the Experience of United States Courts: An Introduction to the US Case Law, Key Statutes and DoctrinesMICHAEL SWAN4. Taking Filártiga on the Road: Why Courts Outside the United States Should Accept Jurisdiction Over Actions Involving Torture Committed AbroadJOHN TERRY5. Torture: Prevention versus Punishment?MALCOLM EVANS and ROD MORGANPART II:JURISDICTION AND IMMUNITY6. Taking Jurisdiction in Transnational Human Rights Tort Litigation: Universality Jurisdiction's Relationship to Ex Juris Service, Forum Non Conveniens and the Presumption of TerritorialityANNE C. McCONVILLE7. Geographies of Injustice: Human Rights at the Altar of ConvenienceUPENDRA BAXI8. The Commercial Activity Exception to Sovereign Immunity and the Boundaries of Contemporary International LegalismROBERT WAI9. In Search of a Defence of the Transnational Human Rights Paradigm: May Jus Cogens Norms Be Invoked to Create Implied Exceptions in Domestic State Immunity Statutes?WENDY ADAMS10. Impunity and the United Nations Convention against Torture: A Shadow Play Without an Ending?PETER BURNS and SEAN MCBURNEYPART III: CHARACTERISATION, CHOICE OF LAW AND CAUSES OF ACTION11. Torture, Tort Choice of Law, and TolofsonJENNIFER A. ORANGE12. Characterisation, Choice of Law, and Human RightsGRAHAM VIRGO13. The Emperor's New Clothes: Defabricating the Myth of "Act of State" in Anglo-Canadian LawMARTIN BÜHLER14. Grounding a Cause of Action for Torture in Transnational LawSANDRA RAPONI15. International Human Rights Law and the Tort of Torture: What Possibility for Canada?EDWARD M HYLANDPART IV: EVOLVING INTERNATIONAL LAW ON CIVIL RECOURSE AGAINST NON-STATE ACTORS16.Holding Leaders Liable for Torture by Others: Command Responsibility and Respondeat Superior as Frameworks for Derivative Civil LiabilityVALERIE OOSTERVELD and ALEJANDRA FLAH17. Responsibility and Liability for Violations of Human Rights in the Course of UN Field OperationsCHANAKA WICKREMASINGHE and GUGLIELMO VERDIRAME18. Linking State Responsibility for Certain Harms Caused By Corporate Nationals Abroad to Civil Recourse in the Legal Systems of Home StatesMUTHUCUMARASWAMY SORNARAJAH19. Revisiting Human Rights in the Private Sphere: Using the European Convention on Human Rights to Protect the Right of Access to the Civil CourtsANDREW CLAPHAM20. Civil Remedies for Torture Committed Abroad: An Obligation under the Convention against Torture?ANDREW BYRNESPART V:LEGITIMACY, INTERVENTION AND THE FORGING OF NATIONAL HISTORIES21. Doing the Right Thing? Foreign Tort Law and Human RightsJAN KLABBERS22. Just Amnesty and Private International LawJENNIFER LLEWELLYN23. Cultural Challenges: Injunctions in Australian Courts and the Right to Demand the Death Penalty under Saudi Arabian LawBELINDA WELLS and MICHAEL BURNETT24. Israel and the Recognition of Torture: Domestic and International AspectsAMNON REICHMAN and TSVI KAHANA PART VI: ON THE BORDERS OF TORT THEORY25. An Uncivil Action: The Tort of Torture and Cosmopolitan Private LawMAYO MORAN26. Private Law, Constitutionalism and the Limits of the Judicial RoleOLIVER GERSTENBERG

Recenzii

.an invaluable contribution to the international legal literature. The value of the book is not solely in the novelty of its subject matter, but also in the thought-provoking, lucid and (sometimes) critical manner in which it deals with the myriad of issues raised by transnational human rights litigation. It is no exaggeration to state that Torture as Tort is now THE reference point of any inquiry by a non-American common-law lawyer seeking to make sense of the explosion of transnational tort litigation in the United States. Professor Scott is to be congratulated for his Herculean accomplishment
This book is a great starting point for those interested in th eemerging field of transnational human rights limitation, and also those working in the area of internationalized criminal and human rights justice. It provides necessary and timely insight into a still emerging field ridden with philosophical, procedural, and substantive minefields.
Torture as Tort is ... a good book and, above all, a necessary book.
the volume might be thought of as a massive, brilliant firework whose sparks may fall who knows where and result perhaps in a huge conflagration of activity.

Descriere

The book assesses the merits and demerits of US-style transnational human rights litigation to stimulate debate among scholars and policy-makers.