Tort Liability for Human Rights Abuses

Author: George P Fletcher

Publisher: Bloomsbury Publishing

ISBN: 1847317960

Category: Political Science

Page: 222

View: 5029

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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.
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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: 2853

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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.
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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: 3266

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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.
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Multinational Enterprises and Tort Liabilities

An Interdisciplinary and Comparative Examination

Author: Muzaffer Eroglu

Publisher: Edward Elgar Publishing

ISBN: 1848444982

Category: Law

Page: 352

View: 323

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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.
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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: 1604

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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.
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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: 4422

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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.
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Corporations and Transnational Human Rights Litigation

Author: Sarah Joseph

Publisher: Hart Publishing

ISBN: 1841134570

Category: Law

Page: 177

View: 920

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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.
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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: 9672

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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.
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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: 449

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MALCOLM EVANS and ROD MORGAN
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