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

Torture as Tort

Comparative Perspectives on the Development of Transnational Human Rights Litigation

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The controversial nature of seeking globalized 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 globalization. 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. The book's doctrinal coverage and analytical inquiries will be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.

...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 Franois Larocque and Mark C. Power Osgoode Hall Law Journal August 2003 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. Susan Matthews Human Rights Quarterly 2003 Torture as Tort is ... a good book and, above all, a necessary book. Christoph J.M. Safferling European Journal of International Law 2003 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. Ralph Beddard British Yearbook of International Law

List of Contributorsp. xi
Table of Casesp. xvii
Table of Legislationp. xxxiii
Frames and Foundations
Introduction to Torture as Tort: From Sudan to Canada to Somaliap. 3
Translating Torture into Transnational Tort: Conceptual Divides in the Debate on Corporate Accountability for Human Rights Harmsp. 45
International Human Rights Tort Claims and the Experience of United States Courts: An Introduction to the US Case Law, Key Statutes and Doctrinesp. 65
Taking Filartiga on the Road: Why Courts Outside the United States Should Accept Jurisdiction Over Actions Involving Torture Committed Abroadp. 109
Torture: Prevention versus Punishment?p. 135
Jurisdiction and Immunity
Taking Jurisdiction in Transnational Human Rights Tort Litigation: Universality Jurisdiction's Relationship to Ex Juris Service, Forum Non Conveniens and the Presumption of Territorialityp. 157
Geographies of Injustice: Human Rights at the Altar of Conveniencep. 197
The Commercial Activity Exception to Sovereign Immunity and the Boundaries of Contemporary International Legalismp. 213
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?p. 247
Impunity and the United Nations Convention against Torture: A Shadow Play Without an Ending?p. 275
Characterisation, Choice of Law and Causes of Action
Torture, Tort Choice of Law, and Tolofsonp. 291
Characterisation, Choice of Law, and Human Rightsp. 325
The Emperor's New Clothes: Defabricating the Myth of "Act of State" in Anglo-Canadian Lawp. 343
Grounding a Cause of Action for Torture in Transnational Lawp. 373
International Human Rights Law and the Tort of Torture: What Possibility for Canada?p. 401
Evolving International Law on Civil Recourse Against Non-State Actors
Holding Leaders Liable for Torture by Others: Command Responsibility and Respondeat Superior as Frameworks for Derivative Civil Liabilityp. 441
Responsibility and Liability for Violations of Human Rights in the Course of UN Field Operationsp. 465
Linking State Responsibility for Certain Harms Caused By Corporate Nationals Abroad to Civil Recourse in the Legal Systems of Home Statesp. 491
Revisiting Human Rights in the Private Sphere: Using the European Convention on Human Rights to Protect the Right of Access to the Civil Courtsp. 513
Civil Remedies for Torture Committed Abroad: An Obligation under the Convention against Torture?p. 537
Legitimacy, Intervention and the Forging of National Histories
Doing the Right Thing? Foreign Tort Law and Human Rightsp. 553
Just Amnesty and Private International Lawp. 567
Cultural Challenges: Injunctions in Australian Courts and the Right to Demand the Death Penalty under Saudi Arabian Lawp. 601
Israel and the Recognition of Torture: Domestic and International Aspectsp. 631
On the Borders of Tort Theory
An Uncivil Action: The Tort of Torture and Cosmopolitan Private Lawp. 661
Private Law, Constitutionalism and the Limits of the Judicial Rolep. 687
UN Convention against Torturep. 705
United States Legislation: Alien Tort Claims Act and Torture Victim Protection Actp. 711
UK Private International Law (Miscellaneous Provisions) Actp. 713
Revisiting Human Rights in the Private Sphere, Postscript: Developments Related to Pinochet as of January 2001p. 717
Indexp. 725
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841130606
ISBN-10: 1841130605
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 776
Published: 22nd May 2001
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 4.45
Weight (kg): 1.27
Edition Number: 1