Download or read book Tort Liability for Human Rights Abuses written by George P Fletcher and published by Hart Publishing. This book was released on 2008-10-03 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the community of international lawyers to think again about how they can use the Alien Tort Statute.
Download or read book International Human Rights Litigation in U S Courts written by Beth Stephens and published by Hotei Publishing. This book was released on 1996 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions.
Download or read book Corporate Responsibility Under the Alien Tort Statute written by Michael Koebele and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.
Download or read book Ethically Impossible written by and published by Createspace Independent Pub. This book was released on 2011 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to a request by President Barak Obama on November 24, 2010, the Presidential Commission for the Study of Bioethical Issues oversaw a thorough fact-finding investigation into the specifics of the U.S. Public Health Service-led studies in Guatemala involving the intentional exposure and infection of vulnerable populations. Following a nine-month intensive investigation, the Commission has concluded that the Guatemala experiments involved gross violations of ethics as judged against both the standards of today and the researchers' own understanding of applicable contemporaneous practices. It is the Commission's firm belief that many of the actions undertaken in Guatemala were especially egregious moral wrongs because many of the individuals involved held positions of public institutional responsibility. The best thing we can do as a country when faced with a dark chapter is to bring it to light. The Commission has worked hard to provide an unvarnished ethical analysis to both honor the victims and make sure events such as these never happen again.
Download or read book Justice Across Borders written by Jeffrey Davis and published by Cambridge University Press. This book was released on 2008-06-02 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
Download or read book Corporations and Transnational Human Rights Litigation written by Sarah Joseph and published by Hart Publishing. This book was released on 2004-08 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.
Download or read book The Alien Tort Claims ACT written by Ralph Gustav Steinhardt and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Claims Act is virtually unique in U.S. legislation for its clear recognition of international human rights. This unparalleled collection of essays, the only extensive work on the Act, draws together the best analyses and interpretations written to date, under the editorship of two of America's most untraditional and imaginative theorists of international law, and makes a formidable case for the Alien Tort Claims Act as a powerful tool for all lawyers, regardless of specialization. The book includes an exhaustive annotated bibliography. Published under the Transnational Publishers imprint.
Download or read book Application of Foreign Law written by Carlos Esplugues Mota and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
Download or read book Human rights and the alien tort statute written by and published by American Bar Association. This book was released on with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Philippine Materials in International Law written by Raul C Pangalangan and published by BRILL. This book was released on 2021-11-15 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.
Download or read book Business and Human Rights written by Dorothée Baumann-Pauly and published by Routledge. This book was released on 2016-04-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.
Download or read book Human Rights Obligations of Business written by Surya Deva and published by Cambridge University Press. This book was released on 2013-11-21 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Download or read book Is International Law International written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
Download or read book Business and Human Rights written by Nadia Bernaz and published by Taylor & Francis. This book was released on 2016-10-04 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.
Download or read book Human Rights as Politics and Idolatry written by Michael Ignatieff and published by Princeton University Press. This book was released on 2011-12-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Ignatieff draws on his extensive experience as a writer and commentator on world affairs to present a penetrating account of the successes, failures, and prospects of the human rights revolution. Since the United Nations adopted the Universal Declaration of Human Rights in 1948, this revolution has brought the world moral progress and broken the nation-state's monopoly on the conduct of international affairs. But it has also faced challenges. Ignatieff argues that human rights activists have rightly drawn criticism from Asia, the Islamic world, and within the West itself for being overambitious and unwilling to accept limits. It is now time, he writes, for activists to embrace a more modest agenda and to reestablish the balance between the rights of states and the rights of citizens. Ignatieff begins by examining the politics of human rights, assessing when it is appropriate to use the fact of human rights abuse to justify intervention in other countries. He then explores the ideas that underpin human rights, warning that human rights must not become an idolatry. In the spirit of Isaiah Berlin, he argues that human rights can command universal assent only if they are designed to protect and enhance the capacity of individuals to lead the lives they wish. By embracing this approach and recognizing that state sovereignty is the best guarantee against chaos, Ignatieff concludes, Western nations will have a better chance of extending the real progress of the past fifty years. Throughout, Ignatieff balances idealism with a sure sense of practical reality earned from his years of travel in zones of war and political turmoil around the globe. Based on the Tanner Lectures that Ignatieff delivered at Princeton University's Center for Human Values in 2000, the book includes two chapters by Ignatieff, an introduction by Amy Gutmann, comments by four leading scholars--K. Anthony Appiah, David A. Hollinger, Thomas W. Laqueur, and Diane F. Orentlicher--and a response by Ignatieff.
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
