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nexusstc/Torture as Tort : Comparative Perspectives on the Development of Transnational Human Rights Litigation/f9960ef71a7581436da727cf5cb82764.pdf
Torture as Tort : Comparative Perspectives on the Development of Transnational Human Rights Litigation 🔍
Craig Scott (editor) Hart Publishing Oxford-Portland Oregon, Bloomsbury UK, Oxford [England], 2001
英语 [en] · PDF · 3.7MB · 2001 · 📘 非小说类图书 · 🚀/duxiu/lgli/lgrs/nexusstc/zlib · Save
描述
"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."--Bloomsbury Publishing
备用文件名
lgli/Torture as Tort - Comparative Perspectives on the Development of Transnational Human Rights Litigation_(10.5040_9781472562340)_mg.pdf
备用文件名
lgrsnf/Torture as Tort - Comparative Perspectives on the Development of Transnational Human Rights Litigation_(10.5040_9781472562340)_mg.pdf
备用文件名
zlib/no-category/Craig Scott (editor)/Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation_25335714.pdf
备选标题
Torture as Tort: Comparative Perspectives on the Development of Transnational Tort Litigation
备选作者
edited by Craig Scott
备选作者
Craig Martin Scott
备用出版商
Hart Publishing; Bloomsbury
备用出版商
Hart Publishing (UK)
备用出版商
Taylor & Francis Ltd
备用出版商
Beck/Hart Publishing
备用出版商
Bloomsbury Academic
备用出版商
Methuen Drama
备用出版商
Craig Scott
备用版本
Oxford [England], Portland, Or, England, 2001
备用版本
United Kingdom and Ireland, United Kingdom
备用版本
1st ed, Oxford [England, 2001
备用版本
Oxford, 2000
备用版本
August 2001
元数据中的注释
bloomsburycollections.com
元数据中的注释
{"isbns":["1472562348","1841130605","9781472562340","9781841130606"],"publisher":"Hart Publishing"}
元数据中的注释
Includes bibliographical references and index.
备用描述
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.
备用描述
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.
备用描述
"The catalyst for this volume was a request to Scott (York U. Law School, Toronto) from Sudanese exiles for advice on transnational avenues for seeking justice against members of their government. The 26 contributions address the frames and foundations of human rights cases; jurisdiction and immunity; choice of law and causes of action; evolving international law on recourse against non-state actors; legitimacy, intervention, and forging of national histories; and the borders of tort theory. Includes tables of cases and legislation. Appends the UN Convention Against Torture, the US code on Alien Tort Claims and Torture Victims Protection Act, provisions of Private International Law (UK, 1995), and an update on developments related to the discussion of the Pinochet case. Distributed in the US by ISBS. c. Book News Inc."--[Source inconnue]
备用描述
Should it be possible for a victim of a human rights violation in one country to bring a private law claim against the alleged perpetrators in the courts of another country? This text presents a collection of essays which address this question
开源日期
2023-06-30
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