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

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Craig Martin Scott
Bloomsbury Publishing, 22 mai 2001 - 776 pagini
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.

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Cuprins

Grounding a Cause of Action for Torture in Transnational
What Possibility for Canada?
Command Responsibility and Respondeat Superior
Responsibility and Liability for Violations of Human Rights in the Course of UN Field Operations
Linking State Responsibility for Certain Harms Caused By Corporate Nationals Abroad to Civil Recourse
Using the European Convention on Human Rights
An Obligation under the Convention against Torture?
Doing the Right Thing? Foreign Tort Law and Human Rights

Human Rights at the Altar of Convenience
The Commercial Activity Exception to Sovereign Immunity and the Boundaries of Contemporary
May Jus Cogens Norms Be Invoked
A Shadow Play Without an Ending?
Torture Tort Choice of Law and Tolofson
Characterisation Choice of Law and Human Rights
Defabricating the Myth of Act of State in AngloCanadian
Just Amnesty and Private International
Injunctions in Australian Courts and the Right to Demand the Death Penalty under
Domestic and International Aspects
The Tort of Torture and Cosmopolitan Private
Private Law Constitutionalism and the Limits of the Judicial Role
UN Convention against Torture
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Despre autor (2001)

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

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