Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights LitigationCraig 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. |
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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Termeni și expresii frecvente
acts of torture adjudication alleged amnesty apply ATCA Canada Canadian courts cause of action chapter characterised choice of law comity command responsibility committed common law conduct conflict of laws constitutional context Convention against Torture corporate crimes customary international law decision defendant doctrine domestic courts domestic law duty enforcement extradition extraterritorial federal Filártiga foreign courts foreign law forum non conveniens harm hereinafter human rights law human rights tort human rights violations Ibid individual Inhuman or Degrading international human rights interpretation issue judicial jus cogens justice law rule legal system legislation lex loci delicti litigation Lord obligations official Ontario parties person Pinochet plaintiff political principles private international law private law prohibition prosecution protection public international law question recognised relevant remedies respect Saudi sovereign immunity state’s statute supra supra n Supreme Court territory Tolofson tort of torture transnational human rights treaty universal jurisdiction victims