Torture as Tort

Comparative Perspectives on the Development of Transnational Human Rights Litigation

Nonfiction, Reference & Language, Law, Civil Rights, International
Cover of the book Torture as Tort by , Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9781847316806
Publisher: Bloomsbury Publishing Publication: May 22, 2001
Imprint: Hart Publishing Language: English
Author:
ISBN: 9781847316806
Publisher: Bloomsbury Publishing
Publication: May 22, 2001
Imprint: Hart Publishing
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Bloomsbury Publishing

Cover of the book Song and Circumstance by
Cover of the book Bloomsbury's Outsider by
Cover of the book STAR FIGHTERS 7: Pirate Ambush by
Cover of the book Geography of Education by
Cover of the book Cicero Philippic II: A Selection by
Cover of the book The British Empire and the Armenian Genocide by
Cover of the book Women of Ice and Fire by
Cover of the book Media and Public Shaming by
Cover of the book Rocket States: Atomic Weaponry and the Cultural Imagination by
Cover of the book International Surrogacy Arrangements by
Cover of the book Introducing Biblical Theology by
Cover of the book Early US Armor by
Cover of the book Playing with the Past by
Cover of the book US Navy F-4 Phantom II Units of the Vietnam War 1969-73 by
Cover of the book Security and Human Rights by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy