Torture as Tort (eBook, ePUB)

Comparative Perspectives on the Development of Transnational Human Rights Litigation
Redaktion: Scott, Craig Martin

• Format: ePub

Produktbeschreibung

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.

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 776
• Erscheinungstermin: 22. Mai 2001
• Englisch
• ISBN-13: 9781847316806
• Artikelnr.: 41510779

Autorenporträt

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

Inhaltsangabe

PART I: FRAMES AND FOUNDATIONS 1. Introduction to Torture as Tort: From
Sudan to Canada to Somalia CRAIG SCOTT 2. Translating Torture into
Transnational Tort: Conceptual Divides in the Debate on Corporate
Accountability for Human Rights Harms CRAIG SCOTT 3. International Human
Rights Tort Claims and the Experience of United States Courts: An
Introduction to the US Case Law, Key Statutes and Doctrines MICHAEL SWAN 4.
Taking Filártiga on the Road: Why Courts Outside the United States Should
Accept Jurisdiction Over Actions Involving Torture Committed Abroad JOHN
TERRY 5. Torture: Prevention versus Punishment? MALCOLM EVANS and ROD
MORGAN PART II:JURISDICTION AND IMMUNITY 6. Taking Jurisdiction in
Transnational Human Rights Tort Litigation: Universality Jurisdiction's
Relationship to Ex Juris Service, Forum Non Conveniens and the Presumption
of Territoriality ANNE C. McCONVILLE 7. Geographies of Injustice: Human
Rights at the Altar of Convenience UPENDRA BAXI 8. The Commercial Activity
Exception to Sovereign Immunity and the Boundaries of Contemporary
International Legalism ROBERT WAI 9. 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 ADAMS
10. Impunity and the United Nations Convention against Torture: A Shadow
Play Without an Ending? PETER BURNS and SEAN MCBURNEY PART III:
CHARACTERISATION, CHOICE OF LAW AND CAUSES OF ACTION 11. Torture, Tort
Choice of Law, and Tolofson JENNIFER A. ORANGE 12. Characterisation, Choice
of Law, and Human Rights GRAHAM VIRGO 13. The Emperor's New Clothes:
Defabricating the Myth of "Act of State" in Anglo-Canadian Law MARTIN
BÜHLER 14. Grounding a Cause of Action for Torture in Transnational Law
SANDRA RAPONI 15. International Human Rights Law and the Tort of Torture:
What Possibility for Canada? EDWARD M HYLAND PART IV: EVOLVING
INTERNATIONAL LAW ON CIVIL RECOURSE AGAINST NON-STATE ACTORS 16.Holding
Leaders Liable for Torture by Others: Command Responsibility and Respondeat
Superior as Frameworks for Derivative Civil Liability VALERIE OOSTERVELD
and ALEJANDRA FLAH 17. Responsibility and Liability for Violations of Human
Rights in the Course of UN Field Operations CHANAKA WICKREMASINGHE and
GUGLIELMO VERDIRAME 18. Linking State Responsibility for Certain Harms
Caused By Corporate Nationals Abroad to Civil Recourse in the Legal Systems
of Home States MUTHUCUMARASWAMY SORNARAJAH 19. Revisiting Human Rights in
the Private Sphere: Using the European Convention on Human Rights to
Protect the Right of Access to the Civil Courts ANDREW CLAPHAM 20. Civil
Remedies for Torture Committed Abroad: An Obligation under the Convention
against Torture? ANDREW BYRNES PART V:LEGITIMACY, INTERVENTION AND THE
FORGING OF NATIONAL HISTORIES 21. Doing the Right Thing? Foreign Tort Law
and Human Rights JAN KLABBERS 22. Just Amnesty and Private International
Law JENNIFER LLEWELLYN 23. Cultural Challenges: Injunctions in Australian
Courts and the Right to Demand the Death Penalty under Saudi Arabian Law
BELINDA WELLS and MICHAEL BURNETT 24. Israel and the Recognition of
Torture: Domestic and International Aspects AMNON REICHMAN and TSVI KAHANA
PART VI: ON THE BORDERS OF TORT THEORY 25. An Uncivil Action: The Tort of
Torture and Cosmopolitan Private Law MAYO MORAN 26. Private Law,
Constitutionalism and the Limits of the Judicial Role OLIVER GERSTENBERG