Tort Liability for Human Rights Abuses by George P. Fletcher

By George P. Fletcher

Advancing a daring idea of the relevance of tort legislations within the struggle opposed to human rights abuses, celebrated US legislation professor George Fletcher the following demanding situations the group of overseas attorneys to reconsider approximately how they could use the Alien Tort Statute. starting with an ancient research Fletcher exhibits how tort and legal legislation initially advanced to accommodate comparable difficulties, how tort got here to be noticeable as basically serious about negligence and the way the Alien Tort Statute has helped identify the significance of tort legislations in overseas circumstances. In a sequence of circumstances beginning with Filartiga and culminating so much lately in Sosa, Fletcher exhibits how torture circumstances resulted in the reawakening of the Alien Tort Statute, altering US legislation and giving felony practitioners a device with which to aid sufferers of torture and different severe human rights abuses. This results in an exam of Agent Orange and the prospective fee of warfare crimes during its utilisation, and the idea of legal responsibility for supporting and abetting the U.S. army and different army forces after they dedicate conflict crimes. The publication concludes through the state of the art situations during this region, quite these related to legal responsibility for investment terrorism, and the treatments on hand, rather the aptitude provided by means of the reimbursement chamber within the foreign legal court docket.

Show description

Read or Download Tort Liability for Human Rights Abuses PDF

Best human rights books

Not for Sale: The Return of the Global Slave Trade--and How We Can Fight It

“Human trafficking isn't a subject of the left or correct, blue states or purple states, yet an excellent ethical tragedy we will unite to forestall . . . no longer on the market is a must-read to work out how one can subscribe to the struggle. ” —Jim Wallis, writer of God's Politics
“David Batstone is a heroic personality. ” —Bono
In the revised and up to date model of this harrowing but deeply inspirational exposé, award-winning journalist David Batstone provides the main updated info on hand at the $31 billion human trafficking epidemic. With profiles of twenty-first century abolitionists like Thailand’s Kru Nam and Peru’s Lucy Borja, Batstone tells readers what they could do to forestall the fashionable slave exchange. Like Kevin Bales’ Disposable humans and finishing Slavery, or E. Benjamin Skinner’s against the law So large, Batstone’s no longer on the market is an informative and valuable manifesto for common freedom.

Landmines and Unexploded Ordnance: A Resource Book

Written by means of a Nobel Peace Prize co-laureate who's one of many best voices within the anti-landmines crusade, this well timed publication is a complete, functional consultant to landmines and unexploded ordnance.

SMS Uprising: Mobile Activism in Africa

Offering a special perception into how activists and social swap advocates are addressing Africa's many demanding situations from inside, this selection of essays by means of these engaged in utilizing cellular phone applied sciences for social switch presents an research of the socioeconomic, political, and media contexts confronted by way of activists in Africa this day.

Papua's Insecurity: State Failure in the Indonesian Periphery

West Papua is the main violent quarter of Indonesia. Indonesian safety forces conflict the country’s final energetic separatist insurgency there. nearly all of Indonesia’s political prisoners are Papuans, and help for independence is widespread.
But army repression and indigenous resistance are just one a part of a fancy topography of lack of confidence in Papua: vigilantism, extended family clash, and other kinds of horizontal violence produce extra casualties than the vertical clash that's usually the particular concentration of foreign money owed of latest Papua. equally, Papua’s coerced incorporation into Indonesia in 1969 isn't really precise; it mirrors a trend of long term annexation present in different distant and highland components of South and Southeast Asia. What distinguishes Papua is the near-total absence of the country in indigenous components. this is often the outcome of a morass of coverage disorder over the years that compounds the lack of confidence that standard Papuans face.
The writer illuminates the various and native assets of lack of confidence that point out too little nation instead of an excessive amount of, demanding situations universal perceptions of lack of confidence in Papua, and gives a prescription of coverage tasks. those contain the reform of a violent and unaccountable safety zone as part of a broader reconciliation procedure and the pressing want for a finished indigenous-centered improvement coverage.

Extra info for Tort Liability for Human Rights Abuses

Example text

Thus, the trial court had come close to merging trespass and Case into one standard of liability based on fault. But note two debts to the traditional conception of trespass. First, the burden of persuasion was still on the defendant to prove the absence of fault. And second, there was no reference in the instructions to the jury on the relevance of the plaintiff’s fault. In fact, traditionally, under both trespass and Case, the negligence of the plaintiff was irrelevant. 17 Usually these problems were addressed under the writ of Case by asking simply whether the defendant was at fault when the plaintiff negligently brought on his own injury.

As I have suggested, however, ‘strict liability’ is not a case in which the defendant is held liable regardless of personal accountability; rather it is a case in which engaging in the particular activity—lawful as it may be—becomes a proper basis for imposing liability for harmful consequences. The House of Lords affirmed liability and provided a better foundation for liability without fault. The difficulty with Blackburn’s principle can be seen at once. It could not be the case 42 A Comparative Analysis of Tort Law that all escaping mischievous substance would generate liability.

56 The male plaintiff, a Lebanese, and the female defendant, born in Turkey and living in the United States, were married, had a child named Najwa in Beirut, then divorced and began disputing custody of Najwa. The plaintiff argued that under Islamic law applicable in Lebanon, he was entitled to custody after the child reached the 53 US Const Amend V. William S Dodge, ‘The Historical Origins of the Alien Tort Statute: A Response to the Originalists’, (1996)19 Hastings Int’l and Comp L Rev 222. 55 The index to vol 3 of the Commentaries on the Laws of England concerning private wrongs lists only two references to the word, neither of which is indicative of a general discussion.

Download PDF sample

Rated 4.29 of 5 – based on 16 votes