Tort Liability for Human Rights Abuses

Author: George P Fletcher

Publisher: Bloomsbury Publishing

ISBN: 1847317960

Category: Political Science

Page: 222

View: 6673

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.
Release

Corporate Human Rights Violations

Global Prospects for Legal Action

Author: Stefanie Khoury,David Whyte

Publisher: Taylor & Francis

ISBN: 1317216067

Category: Political Science

Page: 210

View: 838

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.
Release

Multinational Enterprises and Tort Liabilities

An Interdisciplinary and Comparative Examination

Author: Muzaffer Eroglu

Publisher: Edward Elgar Publishing

ISBN: 1848444982

Category: Law

Page: 352

View: 3709

This book conducts an interdisciplinary and comparative examination of tort liabilities of multinational enterprises (MNEs). It examines the social, economic, managerial and legal characteristics of MNEs and compares the findings of this examination to the current understanding of MNEs in the way that tort liability is applied to them. Existing laws and principles related to liability of MNEs are explored from a variety of jurisdictions with the aim of assessing whether these laws are adequate for the challenges that modern MNEs create. Muzaffer Eroglu also proposes solutions to the problems of tort liability of MNEs. Comparing the theory of control in existing laws and the theory of control in business management structure, Multinational Enterprises and Tort Liabilities will be of great interest to academics, researchers, students and practitioners. It will also appeal to NGOs particularly interested with the liabilities of MNEs for their human rights breaches.
Release

Responsibility for Human Rights

Transnational Corporations in Imperfect States

Author: David Jason Karp

Publisher: Cambridge University Press

ISBN: 1139916556

Category: Political Science

Page: N.A

View: 7986

Responsibility for Human Rights provides an original theoretical analysis of which global actors are responsible for human rights, and why. It does this through an evaluation of the different reasons according to which such responsibilities might be assigned: legalism, universalism, capacity and publicness. The book marshals various arguments that speak in favour of and against assigning 'responsibility for human rights' to any state or non-state actor. At the same time, it remains grounded in an incisive interpretation of the world we actually live in today, including: the relationship between sovereignty and human rights, recent events in 'business and human rights' practice, and key empirical examples of human rights violations by companies. David Karp argues that relevantly public actors have specific human rights responsibility. However, states can be less public, and non-state actors can be more public, than might seem apparent at first glance.
Release

Making the American Century

Essays on the Political Culture of Twentieth Century America

Author: Bruce J. Schulman

Publisher: Oxford University Press

ISBN: 0199323968

Category: History

Page: 336

View: 9329

The twentieth century has been popularly seen as "the American Century," a long period in which the United States had amassed the economic resources, the political and military strength, and the moral prestige to assume global leadership. By century's end, the trajectory of American politics, the sense of ever waxing federal power, and the nation's place in the world seemed less assured. Americans of many stripes came to contest the standard narratives of nation building and international hegemony charted by generations of historians. In this volume, a group of distinguished U.S. historians confronts the teleological view of the inexorable transformation of the United States into a modern nation. The contributors analyze a host of ways in which local places were drawn into a wider polity and culture, while at the same time revealing how national and international structures and ideas created new kinds of local movements and local energies. Rather than seeing the century as a series of conflicts between liberalism and conservatism, they illustrate the ways in which each of these political forces shaped its efforts over the other's cumulative achievements, accommodating to shifts in government, social mores, and popular culture. They demonstrate that international connections have transformed domestic life in myriad ways and, in turn, that the American presence in the world has been shaped by its distinctive domestic political culture. Finally, they break down boundaries between the public and private sectors, showcasing the government's role in private life and how private organizations influenced national politics. Revisiting and revising many of the chestnuts of American political history, this volume challenges received wisdom about the twentieth-century American experience.
Release

Zivil- und strafrechtliche Unternehmensverantwortung für Menschenrechtsverletzungen

Author: Markus Krajewski,Franziska Oehm,Miriam Saage-Maaß

Publisher: Springer-Verlag

ISBN: 3662550164

Category: Law

Page: 277

View: 8915

Der Band enthält Untersuchungen zu zivil- und strafrechtlichen Konsequenzen unternehmerischen Handelns bei Menschenrechtsverletzungen. Im Zentrum stehen dabei deutsches Zivil-, Handels- und Internationales Privatrecht sowie deutsches und internationales Strafrecht. Hinzu treten Analysen des englischen und US-amerikanischen Haftungsrechts. Die Beiträge dieses Bandes fassen den aktuellen Forschungs- und Diskussionsstand zusammen und zeigen sowohl rechtspolitische Handlungsmöglichkeiten als auch weiteren Forschungsbedarf auf. Die in dem Band erörterten und analysierten Fragen sind zugleich als Ausgangspunkt und Referenzrahmen für ein besseres Verständnis und eine Weiterentwicklung des Zusammenhangs von Wirtschaft und Menschenrechten.
Release

Corporations and Transnational Human Rights Litigation

Author: Sarah Joseph

Publisher: Hart Publishing

ISBN: 1841134570

Category: Law

Page: 177

View: 4839

Since the mid-1980s litigants have been exploring ways of holding multinational corporations liable for offshore human rights abuses in the courts of the company's home state. This study examines these developments and the procedural arguments which havebeen used to block litigation.
Release

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Steven Richard Ratner,Jason S. Abrams

Publisher: Oxford University Press, USA

ISBN: 9780198298717

Category: Law

Page: 435

View: 3084

The fall of dictatorial regimes and the eruption of destructive civil conflicts around the world have led to calls for holding individuals accountable for human rights atrocities. International law had little to say on this subject from the time of the Nuremberg and Tokyo trials fifty yearsago until very recently. In this well-researched book, Steven Ratner and Jason Abrams offer a comprehensive study of the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principalcrimes under the law of nations, such as genocide and crimes against humanity. They go on to appraise the most important prosecutorial and other mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compellingconclusions on the prospects for accountability. In this new edition the authors also cover recent developments such as the jurisprudence of the UN's Yugoslavia and Rwanda tribunals, new domestic attempts at accountability, and the International Criminal Court. This new edition has been revised and updated to include developments since 1997, including domestic prosecutions and truth commission, the work of the UN's Yugoslavia and Rwand Tribunals, and the International Criminal Court.
Release

Torture as Tort

Comparative Perspectives on the Development of Transnational Human Rights Litigation

Author: Craig Scott

Publisher: Hart Publishing

ISBN: 1841130605

Category: Political Science

Page: 731

View: 1475

MALCOLM EVANS and ROD MORGAN
Release

Damages for Violations of Human Rights

A Comparative Study of Domestic Legal Systems

Author: Ewa Bagińska

Publisher: Springer

ISBN: 3319189506

Category: Law

Page: 486

View: 7866

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.
Release

OECD-Leitsätze für multinationale Unternehmen

Author: OECD

Publisher: OECD Publishing

ISBN: 9264122354

Category:

Page: 106

View: 6074

Die OECD-Leitsätze für multinationale Unternehmen sind das weltweit wichtigste staatlich geförderte Instrument für verantwortungsvolles unternehmerisches Handeln. Die Ausgabe 2011 enthält neue Empfehlungen zu den Menschenrechten und zur Verantwortung der Unternehmen für ihre Zulieferketten.
Release

Human Rights and Global Responsibility

An International Agenda for the UK

Author: David Mepham,Jane Cooper

Publisher: Institute for Public Policy Research

ISBN: 9781860302367

Category: Great Britain

Page: 82

View: 3925

Release

Censored 2005

The Top 25 Censored Stories

Author: Peter Phillips,Project Censored

Publisher: Seven Stories Press

ISBN: 1609801911

Category: Political Science

Page: 384

View: 3409

The yearly volumes of Censored, in continuous publication since 1976 and since 1995 available through Seven Stories Press, is dedicated to the stories that ought to be top features on the nightly news, but that are missing because of media bias and self-censorship. The top stories are listed democratically in order of importance according to students, faculty, and a national panel of judges. Each of the top stories is presented at length, alongside updates from the investigative reporters who broke the stories.
Release

The World Through Our Eyes

A Collaboration of Essays by International Students

Author: Brigitta Natasha Hanshaw

Publisher: iUniverse

ISBN: 0595288316

Category: Literary Collections

Page: 120

View: 5262

Since the end of the Cold War the world has become a different and increasingly volatile place, where our lives are ever more intertwined with the lives of others around the globe; a world of rising terrorism, of clashing cultures and religions, of expanding multi-national corporations, of economic volatility, environmental damage and much, much more. These changes have brought rise to problems that we can no longer push aside. A new generation of international students, brought together by arguably the top two international student conferences in the world, the ISC-Symposium and the World Business Dialogue, seek to spark discourse and action, to confront and address these problems. In The World through Our Eyes, students voice their concerns and pose potential solutions. A 'world's eye view' from an insider's perspective, these unique viewpoints range from an essay on Swiss banking by a Swiss banker, to a history of women in India by an Indian woman, to poverty in Kenya by a Kenyan national.
Release

In Defense of Tort Law

Author: Thomas Koenig,Michael Rustad

Publisher: NYU Press

ISBN: 0814748996

Category: Law

Page: 345

View: 7910

Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.
Release

Albania

The Cost of Speech : Violations of Media Freedom in Albania

Author: N.A

Publisher: Human Rights Watch

ISBN: N.A

Category: Freedom of the press

Page: 61

View: 1160

Recommendations -- Background -- Intimidation and violent attacks on journalists -- Defamation trials -- Government misuse of state advertising -- Conclusion.
Release