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.
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Editorial Reviews
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…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
About the Author
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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human rights tort litigation, universal civil jurisdiction, loci delicti rule, transnational human rights litigation, transnational public law litigation, human rights tort claims, state immunity statutes, universal tort, transnational tort litigation, commercial activity exception, respecting torture, international legalism, tort choice, domestic private law, extraterritorial torture, foreign municipal law, should accept jurisdiction, juris service, adjudicative jurisdiction, lex loci delicti, litigation guardian, nominate tort, vate international law, amnesty approach, torture committed abroad Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Supreme Court, House of Lords, United Kingdom, United Nations, European Convention, New York, Saudi Arabia, Council of Europe, Alien Tort Claims Act, International Covenant, South Africa, Oxford University Press, State Immunity Act, Bow Street, Geneva Convention, Torture Victim Protection Act, Attorney General, International Criminal Court, Security Council, Clarendon Press, World War, American Law Institute, Lord Wilberforce, General Convention New!
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Front Cover | Table of Contents | First Pages | Index | Surprise Me!
human rights tort litigation, universal civil jurisdiction, loci delicti rule, transnational human rights litigation, transnational public law litigation, human rights tort claims, state immunity statutes, universal tort, transnational tort litigation, commercial activity exception, respecting torture, international legalism, tort choice, domestic private law, extraterritorial torture, foreign municipal law, should accept jurisdiction, juris service, adjudicative jurisdiction, lex loci delicti, litigation guardian, nominate tort, vate international law, amnesty approach, torture committed abroad Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Supreme Court, House of Lords, United Kingdom, United Nations, European Convention, New York, Saudi Arabia, Council of Europe, Alien Tort Claims Act, International Covenant, South Africa, Oxford University Press, State Immunity Act, Bow Street, Geneva Convention, Torture Victim Protection Act, Attorney General, International Criminal Court, Security Council, Clarendon Press, World War, American Law Institute, Lord Wilberforce, General Convention New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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